Johnson v. State
Supreme Court of Alabama
Appeal from Circuit Court of Barbour. Tried before Hon. J. McCaleb Wiley. The indictment in this case charged, “ that before the finding of this indictment Thomas Crew, and Turner Johnson, did distill vinous or spirituous liquors without license find contrary to law, “ against the peace,” &c.
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Appeal from Circuit Court of Barbour. Tried before Hon. J. McCaleb Wiley. The indictment in this case charged, “ that before the finding of this indictment Thomas Crew, and Turner Johnson, did distill vinous or spirituous liquors without license find contrary to law, “ against the peace,” &c. Section HI of revenue act of 3868, is as follows ; “ Sec. 111. Be it further enacted, that any person, who, after the third Monday in ‘March, in 1869, shall be engaged in, or carry on any business or profession, or do any act, for the doing, prosecuting or carrying on of which, a license is by law…
1Opinion of the Court
B. F, SAFFOLD, J.
The indictment charged that the defendant “ did distill vinous or spirituous liquors without license, and contrary to law.” The offense is, engaging in, or carrying on, a business for which a license is required, without first obtaining the license. — Acts 1868, p. 330, § ill. When a new offense, unknown to the common law, is created by statute, its constituents, if specified in the act,'must be embodied in the charge. — Eubanks v. The State, 17 Ala. 181. The indictment failed to charge an offense.
The second and third charges asked by the defendant, and given, correctly…
2Cases cited2 opinions
- Elliott v. StateSupreme Court of Alabama · 1855
- Eubanks v. StateSupreme Court of Alabama · 1850
3Cited by7 opinions
- Townsend v. StateSupreme Court of Alabama · 1902
- Perkins v. StateSupreme Court of Alabama · 1874
- Cox v. StateSupreme Court of Alabama · 1884
- Lincoln Mills v. Textile Workers Union, CIO, Local No. 230Supreme Court of Alabama · 1956
- Jones v. StateAlabama Court of Appeals · 1918
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