Legal Opinion

Long v. State

Supreme Court of Alabama

Decided June 15, 1855PublishedCited by 12 opinions

Eeom tbe Circuit Court of Butler. Tried before tbe Hon. C. W. Rapier. This indictment, which was found at the Fall term, 1854, was in the general form prescribed by the Code (§ 1059) for “ retailing spirituous liquors without a license.” On the trial, the State introduced evidence “ tending to show that the defendant retailed in the town of Greenville in said county, between the 24th March, 1854, to within a few days of the Fall term of the Circuit Court.

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Eeom tbe Circuit Court of Butler. Tried before tbe Hon. C. W. Rapier. This indictment, which was found at the Fall term, 1854, was in the general form prescribed by the Code (§ 1059) for “ retailing spirituous liquors without a license.” On the trial, the State introduced evidence “ tending to show that the defendant retailed in the town of Greenville in said county, between the 24th March, 1854, to within a few days of the Fall term of the Circuit Court. The defendant then showed by evidence, that in December, 1853, one Isaac Y. Smith obtained from the Probate Court of Butler a license, in…

1Opinion of the CourtRice, J.

Section 398 of the Códe expressly declares, that a license for retailing must be confined to one place only in the county, and “ to the person alone to whom the license is granted.”

Section 1056 declares, that no such license must be granted, “ unless the applicant produce to the judge of probate of his county the recommendation of six respectable freeholders or *35householders thereof, residing within five miles of such applicant, stating that they are acquainted with him, that he is possessed of a good moral character, and in all respects a proper person to be licensed.”

Section 1057 provides,…

2Cited by12 opinions

  1. McPherson v. StateSupreme Court of Alabama · 1875
  2. Shiff v. StateSupreme Court of Alabama · 1887
  3. Kirksey v. FikeSupreme Court of Alabama · 1856
  4. Southern Car & Foundry Co. v. StateSupreme Court of Alabama · 1901
  5. State v. LydickNebraska Supreme Court · 1881

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