Walton v. State
Supreme Court of Alabama
Appeal from Elmore Circuit Court. Tried before Hon. James Q. Smith. Tfie appellant, George Walton, was convicted of selling spirituous liquors to one George W. Butler, a person of known intemperate habits.
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Appeal from Elmore Circuit Court. Tried before Hon. James Q. Smith. Tfie appellant, George Walton, was convicted of selling spirituous liquors to one George W. Butler, a person of known intemperate habits. Butler, as a witness for the State, testified that the defendant had never sold any liquor to him personally; that he had on several occasions applied to defendant to purchase liquor, which the defendant had positively refused to sell him, stating as a reason that his employer had forbidden him to sell him (Butler) any liquor. This witness .further testified that, within twelve months of…
1Opinion of the CourtBrickell, C. J.
The offense charged against the appellant is malum prohibitum ; it is created and defined by statute. Statutes imposing penalties, or -which create offenses, and declare the punishment which must follow conviction, are strictly construed. This rule, it was said by Marshall, C. J., in United States v. Wiltberger, 5 Wheat. 76, is not much less old than construction itself; and “ is founded on the tenderness of the law for the rights of individuals; and on the plain principle, that the power of punishment is vested in the legislative, not in the judicial department. It is the legislature, not…
2Cases cited6 opinions
- United States v. WiltbergerSupreme Court of the United States · 1820
- Young v. StateSupreme Court of Alabama · 1877
- Walker v. StateSupreme Court of Alabama · 1877
- Hankins v. IngolsIndiana Supreme Court · 1835
- State v. LowrySupreme Court of Alabama · 1856
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Palmer v. StateCourt of Criminal Appeals of Alabama · 1975
- Mayberry v. StateCourt of Criminal Appeals of Alabama · 1982
- McDonald v. StateAlabama Court of Appeals · 1947
- Truelove v. TrueloveIndiana Supreme Court · 1909
- Foster v. StateSupreme Court of Arkansas · 1885
15 more not listed; retrieve them via the Exa API.