Legal Opinion

Caldwell v. State

Supreme Court of Alabama

Decided December 15, 1876PublishedCited by 15 opinions

Appeal from tbe Circuit Court of Wilcox. Tried before tbe Hon. John K. HenRY. Tbe defendant in tbis case, wbo was a practicing physician, was indicted for a violation of tbe revenue law in failing to take out a license.

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Appeal from tbe Circuit Court of Wilcox. Tried before tbe Hon. John K. HenRY. Tbe defendant in tbis case, wbo was a practicing physician, was indicted for a violation of tbe revenue law in failing to take out a license. He pleaded guilty, and was fined thirty dollars, Having paid tbe fine and costs, be moved tbe court to re-tax tbe costs, and to reduce tbe solicitor’s fee from thirty dollars to seven dollars and a half; and tbe overruling of tbis motion, to which be reserved an exception, is. the only matter here assigned as error. Tbe material facts are stated in tbe opinion. cited Sedgwick…

1Opinion of the Court

STONE, J. —

Section 3652 of tbe Bevised Code declares, that “ any person, wbo does any business, or does any act, for which, under tbe provisions of tbe revenue law, be is required to procure a license or to pay a tax, without having *134first obtained a license from tbe proper legal authority, or paid the tax required by law, is guilty of a misdemeanor, and, on conviction thereof (unless some other punishment is expressly provided by law), must be fined double the amount of the required license or tax.” Section 4343 of the Revised Code gives to the solicitor, for each conviction under section…

2Cases cited3 opinions

  1. George v. Skeates & Co.Supreme Court of Alabama · 1851
  2. State v. FarleyIndiana Supreme Court · 1846
  3. Thompson v. StateIndiana Supreme Court · 1861

3Cited by15 opinions

  1. Ex parte HardySupreme Court of Alabama · 1880
  2. Rogers v. StateAlabama Court of Appeals · 1919
  3. Kennedy v. PeopleIllinois Supreme Court · 1887
  4. McDowell v. StateSupreme Court of Alabama · 1878
  5. Northern v. HannersSupreme Court of Alabama · 1898

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