Tinker v. State
Supreme Court of Alabama
Appeal from tbe Circuit Court of Jackson. Tried before tbe Hon. John B. Tally. Tbe evidence in tbis case is sufficiently stated in tbe opinion.
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Appeal from tbe Circuit Court of Jackson. Tried before tbe Hon. John B. Tally. Tbe evidence in tbis case is sufficiently stated in tbe opinion. In tbe oral charge to tbe jury tbe court instructed tbem as follows: “I apprehend that it would be no' excuse to tbe defendant that tbe railroad company, without authority from or knowledge of Cureton, put tbe bottles, or some of tbem, in boxes, and shipped tbem that way, if tbe defendant sold separately any one of tbe bottles so placed in boxes and. shipped.” Tbe defendant excepted to tbis part of tbe oral charge, and separately excepted to tbe…
1Opinion of the Court
THOBJNGTON, J.-
Appellant was indicted in February, 1891, and convicted, for selling liquor without a license. The testimony for the State showed the sale by defendant of a half pint of whisky in said county, and within twelve months before the finding of the indictment; that such sale occurred in July or early in August, 1890, but whether before or after the 8th day of August, 1890, did not clearly appear.
The defendant’s testimony tended to show that he was the agent at Bridgeport, Ala., for one Cureton, who carried on business at Chattanooga, Tennessee ; that the latter on the 5th day of…
2Cases cited3 opinions
- Leisy v. HardinSupreme Court of the United States · 1890
- Keith v. StateSupreme Court of Alabama · 1890
- Tinker v. StateSupreme Court of Alabama · 1891
3Cited by5 opinions
- McGregor v. ConeSupreme Court of Iowa · 1898
- Lovelady v. Loveman, Joseph & LoebSupreme Court of Alabama · 1915
- Bradley v. StateAlabama Court of Appeals · 1944
- Henley v. StateAlabama Court of Appeals · 1912
- Ineichen v. City of AnnistonAlabama Court of Appeals · 1914