Legal Opinion

Keith v. State

Supreme Court of Alabama

Decided November 15, 1890PublishedCited by 25 opinions

From the Circuit Court of DeKalb. Tried before the Hon. John B. Tally. The defendants in these two cases, Jesse Keith and Frank Rion (or Ryan), were each indicted and convicted of selling whiskey without a license, in violation of a local prohibitory law. Each of the indictments was returned into court on the 5th August, 1S90, during a regular term of the court; and on each was indorsed the name of Jesse Slone, as foreman of the grand jury.

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From the Circuit Court of DeKalb. Tried before the Hon. John B. Tally. The defendants in these two cases, Jesse Keith and Frank Rion (or Ryan), were each indicted and convicted of selling whiskey without a license, in violation of a local prohibitory law. Each of the indictments was returned into court on the 5th August, 1S90, during a regular term of the court; and on each was indorsed the name of Jesse Slone, as foreman of the grand jury. On the 9th day of August, during the same term, the business being unfinished, the court made and entered an order for an adjourned term, to commence on…

1Opinion of the Court

CLOPTON J.

These cases, involving the same questions, were submitted and will be considered together.

The appellants were separately indicted and convicted for selling whiskey in DeKalb county, in violation of the provisions of a statute prohibiting the sale, or otherwise disposing of spirituous, vinous or malt liquors, in the county of DeKalb. Acts 1880-1, p. 167. The sale by each of the appellants, within twelve months before the finding of the indictment, is clearly proved. The defense is, that the liquor was imported into this State from another State, and sold by appellants as the agents…

2Cases cited5 opinions

  1. Leisy v. HardinSupreme Court of the United States · 1890
  2. Borman v. StateSupreme Court of Alabama · 1859
  3. Cleveland v. StateSupreme Court of Alabama · 1888
  4. Van Dyke v. StateSupreme Court of Alabama · 1853
  5. State v. RobinsonSupreme Judicial Court of Maine · 1855

3Cited by25 opinions

  1. Gulf, Colorado & Santa Fe Railway Co. v. MuseTexas Supreme Court · 1919
  2. Cook v. Marshall CountySupreme Court of Iowa · 1903
  3. Whatley v. StateSupreme Court of Alabama · 1906
  4. Hansley v. Jamesville & Washington RailroadSupreme Court of North Carolina · 1894
  5. Barron v. BarronSupreme Court of Alabama · 1898

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