Mulvey v. State
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before Hon. C. F. Moulton. On the 11th day of February, 1869, James Mulvey was indicted in the city court of Mobile, for selling vinous or spirituous liquors without license, and on the 14th of April, was tried and convicted, and fined fifty dollars, and taxed with the costs of conviction.
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Appeal from the City Court of Mobile. Tried before Hon. C. F. Moulton. On the 11th day of February, 1869, James Mulvey was indicted in the city court of Mobile, for selling vinous or spirituous liquors without license, and on the 14th of April, was tried and convicted, and fined fifty dollars, and taxed with the costs of conviction. The bill of exceptions, taken on the trial, shows that Mrs. Mulvey, wife of said James Mulvey, the appellant in this cause, owned and kept a grocery store in the city of Mobile, in the county of Mobile, in this State, in the year 1868 ; that on a certain day in…
1Opinion of the CourtPeters, J.
Selling spirituous liquors without a license is a misdemeanor. It is a crime below a felony. In misdemeanors, all who knowingly and willingly concur in the acts which constitute the violation of the law, are aiders and abettors, and they are guilty. In all crimes under the degree of felony, all persons who concurred therein, are guilty as principals, if guilty at all. — Rev. Code, § 3542 ; 4 Bl. Com. p. 36, marg.
It has been settled that, where a prize fight takes place, and a number of persons are assembled to witness it, if they have gone thither for the purpose of seeing the combatants…
2Cited by8 opinions
- Martin v. StateSupreme Court of Alabama · 1877
- Morton v. StateTennessee Supreme Court · 1918
- King v. City of OwensboroCourt of Appeals of Kentucky · 1920
- Mosely v. StateAlabama Court of Appeals · 1923
- Ulmer v. StateSupreme Court of Alabama · 1878
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