Atkins v. State
Supreme Court of Alabama
From tbe Circuit Court of Hale. Tried before tbe Hon. Guo. H. Craig. Tbe indictment in tbis case, wbicb was found in October, 1877, charged that tbe defendant, John H. Atkins, “ before the finding of this indictment, did sell or give spirituous, vinous, or malt liquors to James MeFadden, a person of known intemperate habits, the said MeFadden not having at tbe time the requisition of a physician that the same was for medical purposes.”
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From tbe Circuit Court of Hale. Tried before tbe Hon. Guo. H. Craig. Tbe indictment in tbis case, wbicb was found in October, 1877, charged that tbe defendant, John H. Atkins, “ before the finding of this indictment, did sell or give spirituous, vinous, or malt liquors to James MeFadden, a person of known intemperate habits, the said MeFadden not having at tbe time the requisition of a physician that the same was for medical purposes.” The defendant demurred to the indictment, and the court overruled the demurrer ; but tbe record does not show what grounds of demurrer, if any, were specified.…
1Opinion of the CourtManning, J.
The indictment is not demurrable, because it does not specify the precise time when defendant sold spirituous liquors to a person of known intemperate habits, without requisition of a physician. In a prosecution for the similar offense of selling to a minor, without the consent of his parent or guardian, in the form of the indictment which the statute prescribes as the proper one, the time of committing it is not specified. Rev. Code, p. 811, No. 31.
2. It has been repeatedly decided, that a judgment-entry, which sets forth that the jury were sworn “ well and truly to try the issue joined,”…
2Cases cited3 opinions
- McNeil v. StateSupreme Court of Alabama · 1872
- State v. PileSupreme Court of Alabama · 1843
- Moore v. StateSupreme Court of Alabama · 1875
3Cited by10 opinions
- State v. BaldwinSupreme Court of Kansas · 1886
- State v. StentzWashington Supreme Court · 1902
- Phelps v. StateCourt of Criminal Appeals of Alabama · 1983
- Rogers v. BrooksSupreme Court of Alabama · 1894
- Tatum v. StateSupreme Court of Alabama · 1879
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