Farrall v. State
Supreme Court of Alabama
[INDICTMENT FOB SELLING SPIRITUOUS LIQUOB TO MINOB.] Appeal from tbe Circuit Court of Lowudes. Tried before tbe Hou. Nat. Cook. The defendant in this case was indicted for selling spir- . ituous or vinous liquors to one P. H. Little, a minor, “ a pupil of a school or academy,” without the consent of the parent, guardian, or person having charge of such pupil.”
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[INDICTMENT FOB SELLING SPIRITUOUS LIQUOB TO MINOB.] Appeal from tbe Circuit Court of Lowudes. Tried before tbe Hou. Nat. Cook. The defendant in this case was indicted for selling spir- . ituous or vinous liquors to one P. H. Little, a minor, “ a pupil of a school or academy,” without the consent of the parent, guardian, or person having charge of such pupil.” The bill of exceptions taken on the trial is as follows: “ On tbe trial of tbis cause, tbe State proved by one Little, that in July, 1857, one Frederick established a writing-school within about one-fourth of a mile of bis residence;…
1Opinion of the CourtRice, C. J.
¥e are compelled to reverse tbe judgment, because tbe charge of tbe court authorized tbe jury to find tbe defendant guilty, without leaving it to them to determine whether tbe alleged misdemeanor was committed in tbe county in which tbe indictment was found, or within a year before tbe commencement of tbe prosecution. — Code, §§ 3374, 3514; Salomon v. The State, 27 Ala. 26; Brown v. The State, 27 Ala. 47; Huffman v. The State, 28 Ala. 48; same case, 29 Ala. 40.
[2.] A writing-school, though to continue for tbe term of twenty days only, is a school within the meaning of section 3280 of the…
2Cases cited4 opinions
- Huffman v. StateSupreme Court of Alabama · 1856
- Brown v. StateSupreme Court of Alabama · 1855
- Salomon v. StateSupreme Court of Alabama · 1855
- Huffman v. StateSupreme Court of Alabama · 1856
3Cited by23 opinions
- Speas v. Merchants Bank & Trust Co.Supreme Court of North Carolina · 1924
- Bain v. StateSupreme Court of Alabama · 1878
- State v. . FalknerSupreme Court of North Carolina · 1921
- State v. FalknerSupreme Court of North Carolina · 1921
- Fike v. StrattonSupreme Court of Alabama · 1911
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