Stanley v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Limestone. Tried before the Hon. John E. Moore. The indictment in this case, which was found at the September term, 1853, of the Circuit Court, is as follows : “The grand jurois of said State upon their oaths present, that Henry Stanley and William B. Elliott, late of said county, on the 20th day of July, A. D. 1853, in the county aforesaid, did sell spirituous or vinous liquors to one John 6-. Russell and others, without first having…
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Appeal from the Circuit Court of Limestone. Tried before the Hon. John E. Moore. The indictment in this case, which was found at the September term, 1853, of the Circuit Court, is as follows : “The grand jurois of said State upon their oaths present, that Henry Stanley and William B. Elliott, late of said county, on the 20th day of July, A. D. 1853, in the county aforesaid, did sell spirituous or vinous liquors to one John 6-. Russell and others, without first having obtained a license from the Probate Court of said county for that purpose, contrary to law, and against the peace and dignity…
1Opinion of the CourtGoldth Waite, J.
— The first question presented upon the record is, as to the action of the court in refusing to exclude from the jury the statement of one of the witnesses, that Russell, the party to whom the liquor was sold, was a person of known intemperate habits. It is true, that the *29general rule forbids the opinions or legal conclusions of witnesses from being given in evidence ; but the question as to intemperate habits is purely one of fact, and it can make no difference in principle, that being the case, that the matter in relation to which the witness is required to speak is made up of more than one…
2Cases cited5 opinions
- Elam v. StateSupreme Court of Alabama · 1854
- Ward v. HerndonSupreme Court of Alabama · 1837
- Lawson v. OrearSupreme Court of Alabama · 1845
- Branch Bank at Montgomery v. ParkerSupreme Court of Alabama · 1843
- Massey v. WalkerSupreme Court of Alabama · 1846
3Cited by9 opinions
- Atwell v. StateCourt of Criminal Appeals of Alabama · 1977
- Smith v. StateSupreme Court of Alabama · 1876
- Price v. Mazange & Co.Supreme Court of Alabama · 1858
- Autauga County v. DavisSupreme Court of Alabama · 1858
- State ex rel. Attorney-General v. RobinsonSupreme Court of Alabama · 1895
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