Marks v. State
Supreme Court of Alabama
Appeal from Jefferson Criminal Court. ' Heard before Hon. A. O. Howze. Julius Marks was convicted of selling mead, a spirituous liquor, and be appeals. The demurrers to the indictment should have been sustained. — Noles v. The S'tatGj 26 Ala. 31; Dentler v. The State, 122 Ala. 70; Bibb v. The State, 83 Ala. 84; Dorman n. The State, 34 Ala. 216 and cases there cited; 1 Ency. P. & P. 68; 22 Cyc. 361. The third count does not charge that mead is a beverage.
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Appeal from Jefferson Criminal Court. ' Heard before Hon. A. O. Howze. Julius Marks was convicted of selling mead, a spirituous liquor, and be appeals. The demurrers to the indictment should have been sustained. — Noles v. The S'tatGj 26 Ala. 31; Dentler v. The State, 122 Ala. 70; Bibb v. The State, 83 Ala. 84; Dorman n. The State, 34 Ala. 216 and cases there cited; 1 Ency. P. & P. 68; 22 Cyc. 361. The third count does not charge that mead is a beverage. Counsel discuss assignments of error relative to evidence, but without citations of authority. The court improperly gave charge 1.' —…
1Opinion of the CourtMayfield, J.
This appeal involves questions which require a construction of the general prohibition laws of this state, not necessarily as to the constitutionality of such laws, but as to the meaning, interpretation, and effect of certain provisions contained therein. The prosecution was commenced by, and was based solely upon, an affidavit containing three counts. The first attempted to charge that defendant aided, abetted, or procured an unlawful sale, purchase, or other unlawful disposition of spirituous, vinous, or malt liquors, etc.; second, that defendant acted as agent or assisting friend of the…
2Cases cited31 opinions
- Intoxicating-Liquor CasesSupreme Court of Kansas · 1881
- Bibb v. StateSupreme Court of Alabama · 1887
- Snider v. StateSupreme Court of Georgia · 1888
- Carson v. StateSupreme Court of Alabama · 1881
- Adler v. StateSupreme Court of Alabama · 1876
26 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Motlow v. StateTennessee Supreme Court · 1911
- Southern Express Co. v. WhittleSupreme Court of Alabama · 1915
- Delaney v. PlunkettSupreme Court of Georgia · 1917
- Miller v. StateAlabama Court of Appeals · 1918
- Elder v. StateSupreme Court of Alabama · 1909
38 more not listed; retrieve them via the Exa API.