Legal Opinion

Russell v. State

Supreme Court of Alabama

Decided December 15, 1884PublishedCited by 10 opinions

Indictment for Retailing Liquor without License. From the Circuit Court of Bullock. Tried before the Hon. H. D. Clayton.

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Indictment for Retailing Liquor without License. From the Circuit Court of Bullock. Tried before the Hon. H. D. Clayton. The indictment iu this case charged, in the first count, that the defendant, “ not having first procured a license as a retailer from the proper legal authority under the revenue laws, did sell vinous or spirituous liquors, which, or a portion thereof, was drunk on or about his premises and in the second count, that, not having procured such license, he “did sell vinous or spirituous liquors iu quantity less than one quart.” On the trial, as the bill of exceptions shows,…

1Opinion of the CourtOlofton, J.

The special act of February 28th, 1881 (Acts 1880-81, p. 192), makes it unlawful for any person, after January'1st, 1882, to manufacture, sell, or give away, vinous, spirituous, or malt liquors, bitters or beverages, composed, in whole or in part, of such spirituous or malt liquors, or intoxicating drinks, in Bullock county, with certain exceptions not necessary to be noticed. The third section provides for an election in any incorporated city or town having a population of two hundred and fifty, or more. Whether such election was held in James, an incorporated town, where the selling is…

2Cases cited2 opinions

  1. Vose v. DeaneMassachusetts Supreme Judicial Court · 1811
  2. House v. StateMississippi Supreme Court · 1872

3Cited by10 opinions

  1. Cheney v. CoughlinMassachusetts Supreme Judicial Court · 1909
  2. Dunbar v. FrazerSupreme Court of Alabama · 1885
  3. Shelton v. Aultman & Taylor Co.Supreme Court of Alabama · 1886
  4. Brame v. StateSupreme Court of Alabama · 1905
  5. State ex rel. New Strand Theatre Co. v. Common CouncilWisconsin Supreme Court · 1930

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