Mitchell v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Lauderdale. Tried before the Hon. Ed B. Almon. The appellant in this case was tried and convicted under an indictment, the first count of which was as follows: “The grand jury of said county charge that before the finding of this indictment, John L. Mitchell sold vinous, spirituous, or malt, liquors without a license and contrary to law.”
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Appeal from the Circuit Court of Lauderdale. Tried before the Hon. Ed B. Almon. The appellant in this case was tried and convicted under an indictment, the first count of which was as follows: “The grand jury of said county charge that before the finding of this indictment, John L. Mitchell sold vinous, spirituous, or malt, liquors without a license and contrary to law.” The other facts of the case necessary to an understanding of the decision on the present appeal are sufficiently stated in the opinion. -The evidence in this case did not show a sale by defendant. The case comes clearly…
1Opinion of the CourtSharps, J.
Defendant was convicted under an indictment, the first count of which was drawn in accordance with the form prescribed by section 5077 of the Code which form has, by the terms of that section and decisions of this court been declared to be good “for *92any violation of any special and local laws regulating or prohibiting the sale of spirituous, vinous, or malt liquors within the place specified.” — Cost v. State, 96 Ala. 60; Powell v. State, 69 Ala. 10.
The evidence showed without dispute that defendant, in his store in East Florence, Lauderdale county, upon the receipt of one dollar from…
2Cases cited4 opinions
- Powell v. StateSupreme Court of Alabama · 1881
- Bradley v. StateSupreme Court of Alabama · 1892
- Cost v. StateSupreme Court of Alabama · 1892
- Maples v. StateSupreme Court of Alabama · 1900
3Cited by4 opinions
- Sykes v. StateSupreme Court of Alabama · 1907
- Rosenberg v. StateAlabama Court of Appeals · 1912
- Freeman v. StateAlabama Court of Appeals · 1912
- Brannon v. StateAlabama Court of Appeals · 1912