Lodano v. State
Supreme Court of Alabama
Appeal from tbe City Court of Mobile. Tried before the Hon. Alex. McKinstry. The defendant was indicted for retailing spirituous liquors to a free person of color.
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Appeal from tbe City Court of Mobile. Tried before the Hon. Alex. McKinstry. The defendant was indicted for retailing spirituous liquors to a free person of color. The indictment is as follows: “ The grand jury of said county charge, that, before the finding of this indictment, Giobbe Lodano did retail or sell to John Jones, otherwise called Budd, then and there a free person of color, did then and 'there sell or retail spirituous liquors, against the peace and dignity of the State of Alabama.” The defendant demurred to the indictment, but the court overruled the demurrer, and he then pleaded…
1Opinion of the Court
LIGON, J. —
There was no error in overruling the demurrer. The indictment is evidently framed under the act of the 9th of February, 1852 (Sess. Acts 1851-2, p. 80), which enacts, that “ it shall not be lawful for any person or persons to retail or sell, in any quantity, spirituous liquors to any free person of color.” It has been frequently held, that, when an offence is created and fully defined by a statute, it will be sufficient to chai’ge it in the words of the statute. Such is the case in the present indictment; and the mere fact that the words “ then and there did retail and sell” are…
2Cited by10 opinions
- Sellers v. StateAlabama Court of Appeals · 1913
- Adams v. CroninSupreme Court of Colorado · 1902
- McPherson v. StateSupreme Court of Alabama · 1875
- Morris v. StateAlabama Court of Appeals · 1922
- Ware v. StateAlabama Court of Appeals · 1914
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