Legal Opinion

Maxwell v. State

Supreme Court of Alabama

Decided November 15, 1898PublishedCited by 1 opinion

Appeal from the City Court of Anniston-. Tried before the Hon. James W. Lapsley. The appellant, John Maxwell, was indicted,-tried and convicted under a local act making it unlawful to sel-1, give away or otherwise dispose of -spiritous* vinous or malt liquors in Calhoun county.

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Appeal from the City Court of Anniston-. Tried before the Hon. James W. Lapsley. The appellant, John Maxwell, was indicted,-tried and convicted under a local act making it unlawful to sel-1, give away or otherwise dispose of -spiritous* vinous or malt liquors in Calhoun county. There was no conflict in the evidence, there being but one witness examined, and his testimony is'stated in the opinion. cited Amos v. State, 73'Ala. 498 ; Roberson v. State, 100 Ala. 37. cited Acts of 1896-97, p. 683 ; Crim. Code of 1896, § 5076 ; McClellan v. State, 117 Ala. 140 ; Roberson v... State, 100 Ala. 37 ;…

1Opinion of the CourtTyson, J.

The defendant was indicted and tried for a violation of the local prohibition law in force in Calhoun county. The only evidence introduced showed that one Couch, sometime in August, 1897, delivered his apples to the defendant to distill into brandy on shares. In December following, Couch went back to the still of defendant, and a son of defendant, who lived with and worked with his father at the still, delivered to him his brandy. The evidence does not disclose whether the apples were divided before distillation*and the portion belonging to Couch distilled separately by defendant, or whether…

2Cases cited1 opinion

  1. Amos v. StateSupreme Court of Alabama · 1883

3Cited by1 opinion

  1. Vernon v. StateSupreme Court of Alabama · 1909

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