Grattan v. State
Supreme Court of Alabama
Appeal from Lowndes Circuit Court. Tried before Hon. John Mooee. cited §§ 4785; 4789 and 4790 of the Code of 1876; Acts of 1878-9, p. 206; Twnipseed v. The State, 6 Ala. 664; Williams v. The State, 15 Ala. 259; Beasley v. The State, 18 Ala. 535; Anthony v. The State, 29 Ala. 27; 45 Ala. 86 ; 17 Ala. 181; 19 Ala. 586; 21 Ala. 218. cited Acts 1878-9, pp. 206-7; 1 Brick.
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Appeal from Lowndes Circuit Court. Tried before Hon. John Mooee. cited §§ 4785; 4789 and 4790 of the Code of 1876; Acts of 1878-9, p. 206; Twnipseed v. The State, 6 Ala. 664; Williams v. The State, 15 Ala. 259; Beasley v. The State, 18 Ala. 535; Anthony v. The State, 29 Ala. 27; 45 Ala. 86 ; 17 Ala. 181; 19 Ala. 586; 21 Ala. 218. cited Acts 1878-9, pp. 206-7; 1 Brick. Dig. p. 501, §§ 760-1; II. p. 499, §|734; Murpjhy v. The State, 6 Ala. 845; People v. Caswell, 21 Wend. 86; Commonwealth v. Slate, 11 Gray, 60; State v. Smith, 37 Mo. 58 ; Bex v. Wheeler, 7 0. & P. 170; 2 Whart. Crim. Law, §…
1Opinion of the CourtSomebyille, J.
The indictment charges that the defendant did “ unlawfully and knowingly buy eotton in the seed, which was produced in Lowndes county.” It is found under the act approved February 1,1879, prohibiting, in certain cases, the sale, exchange and transportation of cotton in Lowndes and other specified counties. — Acts 1878-9, p. 206.
There is also a count in the indictment specially averring that the case does not fall within the class of cases contained within the proviso, or exception to the statute. This, however, was unnecessary, being a mere matter of defense, which the Írosecntor is not…
2Cases cited13 opinions
- Noles v. StateSupreme Court of Alabama · 1854
- Sparrenberger v. StateSupreme Court of Alabama · 1875
- State v. MurphySupreme Court of Alabama · 1844
- Clark v. StateSupreme Court of Alabama · 1851
- Smith v. StateSupreme Court of Alabama · 1879
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3Cited by42 opinions
- Miles v. StateSupreme Court of Alabama · 1891
- Doss v. StateAlabama Court of Appeals · 1929
- Gayden v. StateSupreme Court of Alabama · 1955
- People v. DevinnyNew York Court of Appeals · 1919
- Gayden v. StateAlabama Court of Appeals · 1954
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