Sills v. State
Supreme Court of Alabama
From the Circuit Court of Covington. Tried before the Hon. H. D. Crayton. “ On the trial of this cause,” as the bill of exceptions states, “issue being joined on the plea of not guilty, the State introduced W. C. Loftin, as a witness, who testified that, within twelve months before the finding of the indictment, and in said county, he met the defendant, who was driving a buggy, selling pills, liniments, and other things, and asked him for some whiskey ; that defendant…
Read the full summary
From the Circuit Court of Covington. Tried before the Hon. H. D. Crayton. “ On the trial of this cause,” as the bill of exceptions states, “issue being joined on the plea of not guilty, the State introduced W. C. Loftin, as a witness, who testified that, within twelve months before the finding of the indictment, and in said county, he met the defendant, who was driving a buggy, selling pills, liniments, and other things, and asked him for some whiskey ; that defendant replied, ‘ he had some medicine that would, do him good,’ and thereupon produced from his buggy a bottle containing some…
1Opinion of the CourtSomebyille, J.
— The indictment charges, that the defendant “ sold vinous or spirituous liquors, without a license, and contrary to law;” and this was sufficient, under the express provisions of section 4806 of the Code (1876). — Powell v. The State, 69 Ala. 10; Ulmer v. The State, 61 Ala. 208. The demurrer was, therefore, properly overruled.
The evidence had no tendency to prove that the liquor sold by the defendant to the witness, Loftin, was anything else than whiskey, or other spirituous liquor of like taste and effect. There was no evidence that it was a medicine other than mere whiskey. The…
2Cases cited2 opinions
- Powell v. StateSupreme Court of Alabama · 1881
- Ulmer v. StateSupreme Court of Alabama · 1878
3Cited by4 opinions
- Olmstead v. StateSupreme Court of Alabama · 1889
- Carson v. StateSupreme Court of Alabama · 1895
- Tonsey v. StateSupreme Court of Alabama · 1907
- Smith v. StateSupreme Court of Alabama · 1908