Legal Opinion

May v. State

Supreme Court of Alabama

Decided January 15, 1846PublishedCited by 2 opinions

Error to the Circuit Court of Greene. The defendant was indicted for selling goods as a pedlar. The indictment is a follows: The grand jurors, &c., upon their oath, present, that John May, late of the county of Greene, on the 1st day of March, 1843, in the county aforesaid, on the day and year aforesaid, did sell absolutely, one piece of Jeans cloth, to one Wm. C. Logan, against the peace' and dignity of the State of Alabama.

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Error to the Circuit Court of Greene. The defendant was indicted for selling goods as a pedlar. The indictment is a follows: The grand jurors, &c., upon their oath, present, that John May, late of the county of Greene, on the 1st day of March, 1843, in the county aforesaid, on the day and year aforesaid, did sell absolutely, one piece of Jeans cloth, to one Wm. C. Logan, against the peace' and dignity of the State of Alabama. The defendant pleaded guilty, and a fine was assessed against him of two hundred dollars. He then moved in arrest of judgment — 1. Because it was not alledged what, kind…

1Opinion of the CourtOrmond, J.

The statute under which this indictment is framed, declares, “ that in case any hawker, or pedlar, shall barter, exchange, or sell, either absolutely, or for a limited time, any clock, or clocks, or other goods, wares and merchandize, of any kind whatsoever, without first taking out a license agreeably to the first section of this act, from the clerk of the County Comt of the proper county, he shall forfeit and pay, for every article he shall sell, the sum of two hundred dollars,” &c.

This indictment is defective in not alledging that the goods were sold without first taking out a license.

It…

2Cited by2 opinions

  1. Hirschfelder v. StateSupreme Court of Alabama · 1850
  2. In re WatsonDistrict Court, D. Vermont · 1882

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