Legal Opinion

Lawrence v. State

Supreme Court of Alabama

Decided December 15, 1877PublishedCited by 10 opinions

Appeal from the Circuit Court of Cherokee. Tried before the Hon. William L. Whitlock. At the spring term, 1877, of the Circuit Court of Cherokee county, the defendant was indicted under the name of “ Zachariah Lawrence, for engaging ip, or carrying on, the business of a wholesale dealer in spirituous liquors, without first having paid for and taken out a license therefor.”

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Appeal from the Circuit Court of Cherokee. Tried before the Hon. William L. Whitlock. At the spring term, 1877, of the Circuit Court of Cherokee county, the defendant was indicted under the name of “ Zachariah Lawrence, for engaging ip, or carrying on, the business of a wholesale dealer in spirituous liquors, without first having paid for and taken out a license therefor.” At the-next term of the Circuit Court, the defendant filed the following plea in abatement: “ The State v. Zachariah Tjawrenee. Zachary Taylor Lawrence, indicted by the name of Zachariah Lawrence, in his own proper person…

1Opinion of the Court

MANNING, J. —

Zachary Taylor Lawrence, having been indicted by the name of Zachariah Lawrence, at the spring term, 1877, of the Circuit Court of Cherokee county, for selling spirituous liquors without a license, was in July afterwards, arrested — and gave bail to appear at the next term thereafter of the court, to answer the charge. He accordingly then appeared and pleaded in abatement the misnomer. Whereupon, the' solicitor moved to take the plea from the file, because, as was alleged it was not filed in time, did not crave oyer of the indictment, and did not contain sufficient substance, the…

2Cases cited1 opinion

  1. Russell v. StateSupreme Court of Alabama · 1859

3Cited by10 opinions

  1. Birmingham Southern R. Co. v. GoodwynSupreme Court of Alabama · 1919
  2. Haley v. StateSupreme Court of Alabama · 1879
  3. State v. ThompsonMontana Supreme Court · 1891
  4. Merlette v. StateSupreme Court of Alabama · 1893
  5. Adams v. StateSupreme Court of Alabama · 1880

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