Dentler v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. Henry C. Speake. The appellant was tried and convicted under an indictment, preferred on February 27, 1895, which was as follows: “The grand jury of said county charge that before the finding of this indictment, Earnest Dentler engaged in, or carried on the. business of a dealer in ‘Playing Cards,’ without a license, and contrary to law, against the peace and dignity of the State of Alabama.”
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Appeal from the Circuit Court of Madison. Tried before the Hon. Henry C. Speake. The appellant was tried and convicted under an indictment, preferred on February 27, 1895, which was as follows: “The grand jury of said county charge that before the finding of this indictment, Earnest Dentler engaged in, or carried on the. business of a dealer in ‘Playing Cards,’ without a license, and contrary to law, against the peace and dignity of the State of Alabama.” The defendant demurred to this indictment on the grounds, 1st, that it fails to show that the defendant engaged in or carried on the…
1Opinion of the CourtHaralson, J.
There was no error in overruling the demurrer to the indictment. The statute, section 3892 of the Code of 1886, makes it penal to engage in or carry, on a business, after the 15th of January in any year, for which a license is required. It was unnecessary to aver in the indictment, that the business,- alleged to have been carried on by defendant, was engaged in or carried on since the 15th of January of any year. If the offense was committed before that date, in a year the defendant had license to engage in the business, that was defensive matter to be pleaded and proved. The statute under…
2Cases cited6 opinions
- Hubbard v. StateSupreme Court of Alabama · 1882
- Bibb v. StateSupreme Court of Alabama · 1887
- McDowell v. StateSupreme Court of Alabama · 1878
- McIntyre v. StateSupreme Court of Alabama · 1876
- Bowdon v. StateSupreme Court of Alabama · 1890
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3Cited by15 opinions
- Woodson v. StateSupreme Court of Alabama · 1910
- Marks v. StateSupreme Court of Alabama · 1909
- Clark v. StateAlabama Court of Appeals · 1921
- Howard v. StateAlabama Court of Appeals · 1920
- Denton v. StateSupreme Court of Alabama · 1955
10 more not listed; retrieve them via the Exa API.