Freiberg v. State
Supreme Court of Alabama
From the City Court of Anniston. Tried before the Hon. B. F. Cassady. The indictment in this case was found in October, 1891, and charged that the defendant, Alex. Freiberg, “sold, bartered, exchanged or gave spirituous, vinous or malt liquors to Samuel Noble, a minor, without the consent of the parent or person having the control or management of said minor, and not upon the prescription of a physician.”
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From the City Court of Anniston. Tried before the Hon. B. F. Cassady. The indictment in this case was found in October, 1891, and charged that the defendant, Alex. Freiberg, “sold, bartered, exchanged or gave spirituous, vinous or malt liquors to Samuel Noble, a minor, without the consent of the parent or person having the control or management of said minor, and not upon the prescription of a physician.” There was a demurrer to the indictment, because it did not negative the consent of the guardian of said minor, which demurrer was overruled; and during the trial several exceptions were…
1Per curiam
— The ground of demurrer to the indictment is •evidently founded on the phraseology of section 4038 of the Code, without observance of, or reference to its amendment by the act of February 18, 1891. By the amendatory act, the words or guardian” are omitted, leaving the statute as amended to read, “without the consent of the parent, or person having the management or control of such minor.” — Acts 1890-1, p. 1209. The indictment negatives the consent in the language of the amending act. But, without the negativing •clause, the indictment would have been sufficient. The form of an indictment…
2Cases cited6 opinions
- Adler v. StateSupreme Court of Alabama · 1876
- Farrall v. StateSupreme Court of Alabama · 1858
- Spigener v. StateSupreme Court of Alabama · 1878
- Tatum v. StateSupreme Court of Alabama · 1879
- Wall v. StateSupreme Court of Alabama · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Rogers v. BrooksSupreme Court of Alabama · 1894
- State v. YorkSupreme Court of New Hampshire · 1907
- Folmar v. StateAlabama Court of Appeals · 1923
- Gains v. StateSupreme Court of Alabama · 1907
- Griffin v. StateAlabama Court of Appeals · 1958
2 more not listed; retrieve them via the Exa API.