Daniel v. State
Supreme Court of Alabama
Appeal from Bessemer City Court. Heard before Hon. William Jackson. Tbe indictment in this case was as follows (after usual caption) : “That Will Daniel sold spirituous, vinous, or malt liquors without a license and contrary to law; (2) that Will Daniel did give away or otherwise .dispose of spirituous, vinous, or malt liquors without a license and contrary to law; (3) that Will Daniel did unlawfuily sell, give away, or otherwise dispose of spirituous, vinous, or malt…
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Appeal from Bessemer City Court. Heard before Hon. William Jackson. Tbe indictment in this case was as follows (after usual caption) : “That Will Daniel sold spirituous, vinous, or malt liquors without a license and contrary to law; (2) that Will Daniel did give away or otherwise .dispose of spirituous, vinous, or malt liquors without a license and contrary to law; (3) that Will Daniel did unlawfuily sell, give away, or otherwise dispose of spirituous, vinous, or malt liquors, or other intoxicating beverages, within three miles of Belle Sumter, a coaling ground in precinct 3, in Jefferson…
1Opinion of the Court
DOWDELL, J. —
The defendant filed a plea of misnomer to the indictment. Issue was joined on this plea. The evidence was in conflict. The court properly submitted the question to the jury.
The indictment contained three counts. The defendant moved to quash the indictment, and each and every count thereof. The court sustained the motion to quash as to the third count, but overruled it as to the first and second counts. The first count is in Code form and-unobjectionable. The second count is defective, but the proper mode of reaching the defect was by demurrer, and not by motion to quash. — Boulo…
2Cases cited9 opinions
- Allred v. StateSupreme Court of Alabama · 1889
- Boulo v. StateSupreme Court of Alabama · 1873
- Nall v. StateSupreme Court of Alabama · 1859
- White v. StateSupreme Court of Alabama · 1883
- State v. MaySupreme Court of Kansas · 1893
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Duncan v. StateSupreme Court of Alabama · 1965
- Johnson v. StateCourt of Criminal Appeals of Alabama · 1976
- Harwell v. StateAlabama Court of Appeals · 1915
- Ex Parte Western Railway of AlabamaSupreme Court of Alabama · 1968
- Flippo v. StateCourt of Criminal Appeals of Alabama · 1972
9 more not listed; retrieve them via the Exa API.