Legal Opinion

Costello v. State

Supreme Court of Alabama

Decided November 15, 1900PublishedCited by 4 opinions

Appeal from the 'County Court of Bibb. Tried, before the Hon. W. L. -Pratt. The prosecution in this -case ivas commenced by an affidavit made before a justice of the peace of Bibb county, charging the -appellant, 'S. Costello, with selling spirituous, vinous or malt liquors or intoxicating beverages without a license and contrary to law. Upon the preliminary hearing the defendant was bound over to the -county court of Bibb county.

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Appeal from the 'County Court of Bibb. Tried, before the Hon. W. L. -Pratt. The prosecution in this -case ivas commenced by an affidavit made before a justice of the peace of Bibb county, charging the -appellant, 'S. Costello, with selling spirituous, vinous or malt liquors or intoxicating beverages without a license and contrary to law. Upon the preliminary hearing the defendant was bound over to the -county court of Bibb county. The facts of the case -as adduced on the hearing, -and the ruling of the trial court upon the evidence, to which exceptions were reserved, are sufficiently shown in…

1Opinion of the CourtHaralson, J.

The witness for the State, Jesse Lilze, to wliom the alleged intoxicants were sold, testified that lie was fifteen years old, and had ’been in defendant’s place of business several times; that one Sunday, he went to the storehouse of defendant, and bought some four or five bottles of “stuff” that made him drunk; that he knew the taste of beer, and that the stuff he purchased from defendant and drank, and which made him drunk, tasted like lager beer, had the same effect on him that lager beer had, and that defendant called what lie sold 'to him, “hop-jack.”

The defendant examined one Beckhart…

2Cases cited1 opinion

  1. Cobb v. StateSupreme Court of Alabama · 1893

3Cited by4 opinions

  1. Marks v. StateSupreme Court of Alabama · 1909
  2. Mobile, J. &. K. C. R. R. v. HawkinsSupreme Court of Alabama · 1909
  3. Gulf Compress Co. v. Jones Cotton Co.Supreme Court of Alabama · 1911
  4. Woodward Iron Co. v. CollinsSupreme Court of Alabama · 1917

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