Moog v. State
Supreme Court of Alabama
Appeal from Monroe Circuit Court. Heard before Hon. John T. Lackland. The indictment in this case charges that Herbert Moog within the limits of a district, in which the sale of spirituous, vinous, or malt liquors was prohibited.by law, did solicit an order from Luke Sawyer for spirituous, vinous, or malt liquors to he shipped or sent into such district.
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Appeal from Monroe Circuit Court. Heard before Hon. John T. Lackland. The indictment in this case charges that Herbert Moog within the limits of a district, in which the sale of spirituous, vinous, or malt liquors was prohibited.by law, did solicit an order from Luke Sawyer for spirituous, vinous, or malt liquors to he shipped or sent into such district. The defendant demurred to the indictment (1) because it docs not appear from .said indictment that the defendant is a citizen of the State of Alabama,, or that be solicited or received said orders to be sent to any whisky dealer or any person…
1Opinion of the Court
SIMPSON, J..The defendant in this case'was convicted under an indictment charging that defendant “did solieiot an order * * * for spirituous, vinous or malt, liquors to be shipped or sent into” a district in which the sale of such liquors was prohibited.
The case was tried upon an agreed statement of facts, which showed that the defendant, as a traveling ^desman, representing a house in Pensacola, Florida, solicited and received an order from one Luke Sawyer -in Monroe county, Alabama, Avhich is a prohibition county, for Avliiskey for the personal use of said SaAAryer; that said order Avas…
2Cases cited9 opinions
- Robbins v. Shelby County Taxing DistrictSupreme Court of the United States · 1887
- In Re RahrerSupreme Court of the United States · 1891
- SHERLOCK v. Alling, AdmInistratorSupreme Court of the United States · 1876
- Plumley v. MassachusettsSupreme Court of the United States · 1894
- Walling v. MichiganSupreme Court of the United States · 1886
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