Carter v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Barbour. Tried before Hon. J. McOaleb Wiley. The appellant, George Carter, was indicted at the spring term, 1869, of Barbour circuit court, for “ dealing in or selling tobacco, without license, and contrary to law,” &c.
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Appeal from the Circuit Court of Barbour. Tried before Hon. J. McOaleb Wiley. The appellant, George Carter, was indicted at the spring term, 1869, of Barbour circuit court, for “ dealing in or selling tobacco, without license, and contrary to law,” &c. The agreed facts of the case were as follows': “ The defendant, within the time covered by the indictment, being engaged in carrying on his own, a general dry-goods business, as a merchant in the city of Eufaula, in said county, and only having tobacco in small quantities, whilst his dry-goods business was large, by way of variety, in said…
1Opinion of the Court
PECK, G. J.
The 105th section of the revenue law enacts, “ that it shall be unlawful for any person, firm, company or corporation to engage in, or carry on, any business or profession hereinafter mentioned, without first having paid for and taken out a license therefor, in the manner hereinafter provided.
Section 112 enacts, “ that the prices of licenses shall be as follows, to-wit ” : It then proceeds to state for what business or profession to engage in, or carry on, a license must be taken out, and among these, “ dealers in tobacco ” are named. It is not every one that sells tobacco that is…
2Cited by12 opinions
- Manning v. StateSupreme Court of Alabama · 1928
- Harris v. StateSupreme Court of Alabama · 1874
- Ex parte SiebenhauerNevada Supreme Court · 1879
- Amos v. StateSupreme Court of Alabama · 1883
- Perkins v. StateSupreme Court of Alabama · 1874
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