Nicrosi v. State
Supreme Court of Alabama
Appeal from City Court of Montgomery. Tried before Hon. John A. Minnis. The defendants were indicted for selling “ vinous or spirituous liquors without license and contrary to law,” against the peace &c., following the form prescribed by the Revised Code. They waived a jury trial and submitted the case, on an agreed state of facts, for decision by the court, which found them guilty and imposed a fine. To this ruling the defendants excepted and now assign it for error.
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Appeal from City Court of Montgomery. Tried before Hon. John A. Minnis. The defendants were indicted for selling “ vinous or spirituous liquors without license and contrary to law,” against the peace &c., following the form prescribed by the Revised Code. They waived a jury trial and submitted the case, on an agreed state of facts, for decision by the court, which found them guilty and imposed a fine. To this ruling the defendants excepted and now assign it for error. The agreed state of facts show that defendants were restaurant keepers in the city of Montgomery, duly licensed as such by the…
1Opinion of the CourtManning, J.
Section 3618 of the Revised Code makes it an indictable offence for any “ person who, not having first procured a license as a retailer from the proper legal authority, sells vinous or spirituous liquors of any kind .... in any quantity, if the same is drunk on or about his premises.”
The agreed state of facts in this cause shows that defendants did sell vinous liquors to be drunk and which were drunk on their premises ; but they were so drunk only by persons taking meals at the time at the restaurant in Montgomery which defendants were licensed to keep. And it is ingeniously and elaborately…
2Cases cited2 opinions
- Pierce & Baldwin v. Pass & Co.Supreme Court of Alabama · 1834
- Campbell v. StateSupreme Court of Alabama · 1871
3Cited by3 opinions
- Scanlon v. City of DenverSupreme Court of Colorado · 1906
- State v. Grays Harbor Commercial Co.Washington Supreme Court · 1923
- Skermetta v. StateMississippi Supreme Court · 1914