Powell v. State
Supreme Court of Alabama
Appeal from Lowndes Circuit Court. Tried before Hon. John Moore. At tbe Spring Term, 18*1, of said court, tbe grand jury returned an indictment against tbe appellant, containing two counts, charging in tbe one, that be “ did sell vinous or spirituous liquors without a license and contrary to law,” and in the other, that be “did sell, give away or otherwise dispose of vinous, spirituous or malt liquors or intoxicating bitters or beverages within five miles of Rehoboth church,…
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Appeal from Lowndes Circuit Court. Tried before Hon. John Moore. At tbe Spring Term, 18*1, of said court, tbe grand jury returned an indictment against tbe appellant, containing two counts, charging in tbe one, that be “ did sell vinous or spirituous liquors without a license and contrary to law,” and in the other, that be “did sell, give away or otherwise dispose of vinous, spirituous or malt liquors or intoxicating bitters or beverages within five miles of Rehoboth church, in Crenshaw county.” The defendant demurred to the indictment, as appears from the judgment entry, but the grounds of…
1Opinion of the CourtSomerville, J.
The indictment, in this case, is framed in full accordance with the requirements of section 4806 of the present Code, relating to the retailing of spirituous liquors. The only averment requisite is, that “the defendant sold vinous or spirituous liquors without a license, and contrary to law;” and the statute expressly provides that this is sufficient to cover “ all violations of special and local laws, regulating the sale of spirituous liquors within the place specified.” — Code 1876, § 4806; Block v. The State, 66 Ala. 493; Ulmer v. The State, 61 Ala. 208; Acts of 1880-81, pp. 154-156.
The…
2Cases cited8 opinions
- Welton v. MissouriSupreme Court of the United States · 1876
- Allen v. LouisianaSupreme Court of the United States · 1881
- Boyd v. AlabamaSupreme Court of the United States · 1877
- Tiernan v. RinkerSupreme Court of the United States · 1880
- Block v. StateSupreme Court of Alabama · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- State ex rel. Crumpton v. MontgomerySupreme Court of Alabama · 1912
- Ex parte CowertSupreme Court of Alabama · 1890
- Newton v. City of TuscaloosaSupreme Court of Alabama · 1948
- Woco Pep Co. of Montgomery v. City of MontgomerySupreme Court of Alabama · 1925
- State Ex Relator McNamara v. ClarkCourt of Criminal Appeals of Texas · 1915
47 more not listed; retrieve them via the Exa API.