Cousins v. State
Supreme Court of Alabama
From the Circuit Court of Elmore. Tried before tbe Hon. Jas. Q. Smith. The indictment in this ease was in these words: — “ The grand jury of said county charge, that, before the finding of this indictment, P. F. Cousins violated the provisions of an act of the General Assembly of the State of Alabama, entitled ‘ An act to establish revenue laws for the State of Alabama,’ approved December 31, 1868, the 111th section of which said act is in the figures and letters as follows,…
Read the full summary
From the Circuit Court of Elmore. Tried before tbe Hon. Jas. Q. Smith. The indictment in this ease was in these words: — “ The grand jury of said county charge, that, before the finding of this indictment, P. F. Cousins violated the provisions of an act of the General Assembly of the State of Alabama, entitled ‘ An act to establish revenue laws for the State of Alabama,’ approved December 31, 1868, the 111th section of which said act is in the figures and letters as follows, to wit: ‘Be it further enacted, that any person who, after the third Monday in March, 1869, shall be engaged in or…
1Opinion of the CourtPeters, C. J.
The indictment is in the form prescribed in the Code. It sets out an act which the law forbids, with such precision and formality as will enable the accused to controvert it by a formal and intelligible issue. This has been repeatedly settled by this court to be sufficient. The first special cause of demurrer is not sustained by the record. To “ engage in ” a thing does not necessarily require a continuance of the engagement: one act is enough. To engage in the practice of law in a single instance, without a license, is forbidden by law. Pamphlet Acts 1868, pp. 329-30, §§ 105, 111. The first…
2Cases cited2 opinions
- Mayor of Mobile v. YuilleSupreme Court of Alabama · 1841
- Brown v. StateSupreme Court of Alabama · 1872
3Cited by11 opinions
- In Re Application of GalushaCalifornia Supreme Court · 1921
- People v. PhippinMichigan Supreme Court · 1888
- State v. DentWest Virginia Supreme Court · 1884
- Davies v. Hot SpringsSupreme Court of Arkansas · 1920
- Maxey v. WrightCourt Of Appeals Of Indian Territory · 1900
6 more not listed; retrieve them via the Exa API.