Legal Opinion

McIntyre v. State

Supreme Court of Alabama

Decided December 15, 1876PublishedCited by 14 opinions

From the City Court of Montgomery. Tried before the Hon. John A. Minnis. The defendant 'in this case was indicted, at the July term of said court, 1875, for carrying on “ the business of taking pictures,” without having taken out a license under the provisions of the revenue law approved March 19,1875; but that indictment was quashed, on motion of defendant, and a new indictment was ordered by the court to be preferred for the same offense. — -Rev. Code, § 4146. At the…

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From the City Court of Montgomery. Tried before the Hon. John A. Minnis. The defendant 'in this case was indicted, at the July term of said court, 1875, for carrying on “ the business of taking pictures,” without having taken out a license under the provisions of the revenue law approved March 19,1875; but that indictment was quashed, on motion of defendant, and a new indictment was ordered by the court to be preferred for the same offense. — -Rev. Code, § 4146. At the ensuing July term, 1876, the indictment in the present case was found, which charged, in its first count, that the defendant,…

1Opinion of the Court

STONE, J. —

The revenue law, approved March 19,1875 (Pamph. Acts 1874-5, pp. 3, 36), requires that a license shall "be taken out by many designated classes of persons, who “ shall be engaged in, or carry on any business or profession, * * for the prosecuting or carrying on of which a license is by law required to be taken out.” One of the classes of persons who are thus required to take out a license, embraces those who are engaged in “ the business of taking pictures, by whatever mode, or on whatever material.” Pamph. Acts, 41, § 101.

This act, as we have seen, was approved March 19, 1875.…

2Cited by14 opinions

  1. Bibb v. StateSupreme Court of Alabama · 1887
  2. Marks v. StateSupreme Court of Alabama · 1909
  3. Clark v. StateAlabama Court of Appeals · 1921
  4. Howard v. StateAlabama Court of Appeals · 1920
  5. Dentler v. StateSupreme Court of Alabama · 1895

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