Moseley v. State
Supreme Court of Alabama
Appeal from Jackson Circuit Court. Heard before Hon. W. W. Haralson. Will Mosely was convicted of selling intoxicants to a minor, and he appeals. The facts are sufficiently set out in the opinion.
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Appeal from Jackson Circuit Court. Heard before Hon. W. W. Haralson. Will Mosely was convicted of selling intoxicants to a minor, and he appeals. The facts are sufficiently set out in the opinion. The following charges were given at the request of the state :• “Gentlemen of the jury, if you believe beyond a reasonable doubt that the witness Erwin asked the defendant to see if he could get him some whisky, and the defendant went off and procured the whisky for him, and brought it back to him, and he knew that the boy was a minor, and he did not have the consent of his father, or a prescription…
1Opinion of the CourtSimpson, J.
The appellant was convicted under an indictment charging that he “did sell or give spirituous, vinous or malt liquors to Lewis Erwin, a minor.” The evidence was that the minor, Lewis Erwin, who Avas 20 years of age, but a married man with a family, handed the defendant a half dollar and requested him to go and get some whisky for him; that defendant took the money, went and purchased the whisky with it, and brought it to said Erwin; and defendant received nothing from the transaction.
The appellant cites the cases which hold that one who acts merely as the agent of the purcharer in procuring…
2Cases cited5 opinions
- Campbell v. StateSupreme Court of Alabama · 1885
- Bonds v. StateSupreme Court of Alabama · 1900
- DuBois v. StateSupreme Court of Alabama · 1888
- Maxwell v. StateSupreme Court of Alabama · 1903
- Maples v. StateSupreme Court of Alabama · 1900