Brown v. State
Supreme Court of Alabama
From the Circuit Court of Perry. Tried before the Hon. C. W. Rapieii. The indictment in this case was in the general form prescribed by section 1059 of the Code. The bill of exceptions is as follows: “On the trial of this case, to make out the offense charged in the indictment, the State introduced the following testimony: That the defendant kept a store in said county, near to tbe public road leading from Greensboro’ to Centreville..
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From the Circuit Court of Perry. Tried before the Hon. C. W. Rapieii. The indictment in this case was in the general form prescribed by section 1059 of the Code. The bill of exceptions is as follows: “On the trial of this case, to make out the offense charged in the indictment, the State introduced the following testimony: That the defendant kept a store in said county, near to tbe public road leading from Greensboro’ to Centreville.. Some time in tbe month of February, or March, preceding tbe finding of the indictment, tbe defendant, with three or four other persons, was sitting in the…
1Opinion of the CourtStone, J.
— Under our statute law, as it existed before the Code went into operation, “merchants and shop-keepers” were permitted to “retail liquors by the quart” without license, * * so that the same” was “not drunk, with their consent and privity, in their stores, or on the premises where they resided, or had their stores.” — Clay’s Digest, 555, § 4. The Code (§ 1058) declares all persons *356retailers who sell liquors “in any quantity, if the same is drunk on, or about the premises.”
It is scarcely necessary to point out the differences, apparently studied, observable in these two enactments. The first…
2Cases cited3 opinions
- Easterling v. StateSupreme Court of Alabama · 1857
- Downman v. StateSupreme Court of Alabama · 1848
- Swan v. StateSupreme Court of Alabama · 1847
3Cited by8 opinions
- Walthall v. GoreeSupreme Court of Alabama · 1860
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- Pearce v. StateSupreme Court of Alabama · 1867
- Schilling v. StateIndiana Supreme Court · 1888
- Clark v. StateSupreme Court of Arkansas · 1887
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