Powell v. State
Supreme Court of Alabama
From the Circuit Court of Wilcox. Tried before tbe Hon. John K. Henry. The indictment in this case was found in May, 1879, and charged that the defendant, “ not having first procured a license as a retailer from a-proper legal authority, did sell vinous or spirituous liquors, which was drunk on or about the premises.” The defendant pleaded not guilty, and issue was joined on that plea.
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From the Circuit Court of Wilcox. Tried before tbe Hon. John K. Henry. The indictment in this case was found in May, 1879, and charged that the defendant, “ not having first procured a license as a retailer from a-proper legal authority, did sell vinous or spirituous liquors, which was drunk on or about the premises.” The defendant pleaded not guilty, and issue was joined on that plea. The case is brought to this court on a bill of exceptions, reserved on the trial by the defendant, as follows : “ The State introduced one Lewis Orange as a witness, who testified that, in February, 1879, in…
1Opinion of the Court
STONE, J.-
We feel constrained to affirm the judgment in this case, on the authority of Pearce v. The State, 40 Ala. 720, from which we do not feel at liberty to depart. The sentence is heavy, if not oppressive, owing to the very large bill of costs taxed, for which it is difficult to account on any theory, other than that there must have been an unusual number of witnesses for so small a case. We suggest that, in our opinion, this is a case for executive clemency, at least, for a part of the punishment ordered.
The judgment.is affirmed.
2Cases cited1 opinion
- Pearce v. StateSupreme Court of Alabama · 1867
3Cited by3 opinions
- Jones v. StateSupreme Court of Alabama · 1892
- Schilling v. StateIndiana Supreme Court · 1888
- Whaley v. StateSupreme Court of Alabama · 1888