Bryant v. State
Supreme Court of Alabama
From the Circuirt Court of Lauderdale. Tried before the Hon. H. O. Speake. The indictment in this case charged, that the defendant “ sold or gave spirituous liquor to Collier Angel, who was at the time a minor, without the consent of the parents, guardian, or other person having the lawful control of said minor, or without the requisition óf a physician for medicinal purposes.”
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From the Circuirt Court of Lauderdale. Tried before the Hon. H. O. Speake. The indictment in this case charged, that the defendant “ sold or gave spirituous liquor to Collier Angel, who was at the time a minor, without the consent of the parents, guardian, or other person having the lawful control of said minor, or without the requisition óf a physician for medicinal purposes.” On the trial, as appeal’s from the bill of exceptions, tbe evidence showed that, about Christmas, 1885, at Woodland, in said county, where one Call kept a “ liquor saloon,” Collier Angel, a young man then about…
1Opinion of the CourtSomerville, J.
— The evidence shows that the defendant neither made the sale of the liquor, nor was he interested in it; nor was he interested in the money paid for it. He only aided the witness Angel to make the purchase, and he can not as accessory be more guilty than the principal for whom he acted. The fact of Angel being a minor aid not change the nature of the transaction. The law does not make the buying of spirituous liquors by a minor an offense; *53it is only the selling or giving of such liquors to a minor, without the consent of the parent, guardian, or other person having the lawful control of the…
2Cases cited3 opinions
- Young v. StateSupreme Court of Alabama · 1877
- Morgan v. StateSupreme Court of Alabama · 1886
- Campbell v. StateSupreme Court of Alabama · 1885
3Cited by4 opinions
- Reed v. StateCourt of Criminal Appeals of Oklahoma · 1909
- Harp v. StateSupreme Court of Arkansas · 1894
- Anderson v. StateSupreme Court of Florida · 1893
- Banks v. StateSupreme Court of Alabama · 1902