Tarkins v. State
Supreme Court of Alabama
Appeal from Chambers Circuit court. . Tried before Hon. N. D. DeNSON. • The only question raised hy this appeal is upon the sufficiency of the second count of the indictment, which is thus written “The grand jury of said county further charge that before the finding of this indictment, Tarkins, whose given name is to the grand jury unknown, gave .away or delivered spirituous, vinous or malt liquors, or intoxicating bitters within precinct seven, in said county, against the…
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Appeal from Chambers Circuit court. . Tried before Hon. N. D. DeNSON. • The only question raised hy this appeal is upon the sufficiency of the second count of the indictment, which is thus written “The grand jury of said county further charge that before the finding of this indictment, Tarkins, whose given name is to the grand jury unknown, gave .away or delivered spirituous, vinous or malt liquors, or intoxicating bitters within precinct seven, in said county, against the peace and dignity of the State of Alabama.” To this count the defendant demurred, and his demurrer being overruled, he…
1Opinion of the CourtBrickell, C. J.
The single defect in the second count of the indictment, is, the omission to aver that the sale, gift, or delivery of the liquor, or intoxicating bitters, was ‘ ‘contrary to law.” This averment is found in the form prescribed by the Code, and without it, the courtfis not informed that each of the alternatives stated in the count, is an indictable offense. — Williams v. State, 91 Ala. 14. There was error in overruling the demurrer to this count.
The judgment is reversed and the cause remanded, but the defendant will remain in custody until discharged by due course of law.
2Cases cited1 opinion
- Williams v. StateSupreme Court of Alabama · 1890
3Cited by4 opinions
- Guarreno v. StateSupreme Court of Alabama · 1906
- Whaley v. StateAlabama Court of Appeals · 1915
- Noltey v. StateSupreme Court of Alabama · 1932
- Smith v. StateSupreme Court of Alabama · 1908