Jones v. State
Supreme Court of Alabama
Appeal from tbe Circuit Court of Crenshaw. Tried, before the Hon. John B. Tyson. The defendant was tried and convicted under an indictment for “selling or giving spirituous, vinous or malt liquors to Bill Turner, a man of known intemperate habits, and not upon the prescription of a physician.”' The sale charged in the indictment was admitted by the defendant, but there was conflict in the testimony as to whether the person to whom the sale is alleged to have been made was a…
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Appeal from tbe Circuit Court of Crenshaw. Tried, before the Hon. John B. Tyson. The defendant was tried and convicted under an indictment for “selling or giving spirituous, vinous or malt liquors to Bill Turner, a man of known intemperate habits, and not upon the prescription of a physician.”' The sale charged in the indictment was admitted by the defendant, but there was conflict in the testimony as to whether the person to whom the sale is alleged to have been made was a person of known intemperate habits—-there was no testimony tending to show a gift of spirituous, vinous or malt liquors…
1Opinion of the CourtStone, C. J.
Defendant was indicted for “selling or giving spirituous, vinous or malt liquors to Bill Turner, a man of known intemperate habits, and not upon the prescription of a physician.” Code of 1886 § 4038. Bill Turner was on the stand as a witness for the prosecution, and *90was asked, “Have you not been frequently arrested by the marskal of the town of Luverne, here, for getting drunk ?” This question was objected to by the defendant, the ground stated being that “there is better evidence of the fact, if it be a fact.” The objection was overruled, the witness required to answer and the defendant…
2Cases cited15 opinions
- Martin v. StateSupreme Court of Alabama · 1889
- Pierson v. StateSupreme Court of Alabama · 1892
- Smith v. StateSupreme Court of Alabama · 1876
- Lane v. StateSupreme Court of Alabama · 1887
- Coleman v. StateSupreme Court of Alabama · 1877
10 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- State v. WappensteinWashington Supreme Court · 1912
- Gibson v. StateSupreme Court of Alabama · 1915
- Morris v. StateSupreme Court of Alabama · 1899
- Ezzell v. StateAlabama Court of Appeals · 1915
- Marcuchi v. Norfolk & Western Railway Co.West Virginia Supreme Court · 1918
15 more not listed; retrieve them via the Exa API.