Legal Opinion

McCreary v. State

Supreme Court of Alabama

Decided December 15, 1883PublishedCited by 12 opinions

Appeal from Monroe Circuit Court. Tried before Hon. ¥m. E. Clarke. The nature of the offense charged, and the facts disclosed by the evidence are sufficiently stated in the opinion. The court charged the jury, at the written request of the solicitor for the State, that if they believed the evidence, they must find the defendants guilty. To this charge the defendants excepted ; and it is. here assigned as error.

1Opinion of the CourtSomerville, J.

— The defendants are charged with the offense of being engaged in, or carrying on the focsiness of selling vinous, spirituous or malt liquors “without a license and contrary to law-,” in violation of the statute. — Code, 1876, §§ 4274, 494, sub-div. 3. The evidence shows that they sold wine in quantities not less than one quart, in their store, at a place in Monroe county, of less than one thousand inhabitants, in their regular business as merchants — this wine being manufactured from grapes raised on their own premises in said county. It further appears that they did this without procuring a…

2Cases cited13 opinions

  1. Welton v. MissouriSupreme Court of the United States · 1876
  2. Woodruff v. ParhamSupreme Court of the United States · 1869
  3. Webber v. VirginiaSupreme Court of the United States · 1881
  4. Tiernan v. RinkerSupreme Court of the United States · 1880
  5. Powell v. StateSupreme Court of Alabama · 1881

8 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Commonwealth v. PetranichMassachusetts Supreme Judicial Court · 1903
  2. Ex parte ByrdSupreme Court of Alabama · 1887
  3. Noble v. MitchellSupreme Court of Alabama · 1893
  4. Ramagnano v. CrookSupreme Court of Alabama · 1887
  5. Savage v. Russell & Co.Supreme Court of Alabama · 1887

7 more not listed; retrieve them via the Exa API.

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