Gilmore v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Lamar. Tried before the Hon. S. H. Spkott. The appellant was tried and convicted under the following indictment: 1. “The grand jury of said county charge that before the finding of this indictment that Wilson Gilmore sold spirituous, vinous or malt liquors without a license -and contrary to law.” 2. “The grand jury of said county further charge that before the finding of this indictment Wilson Gilmore did sell, give away, deliver or otherwise…
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Appeal from the Circuit Court of Lamar. Tried before the Hon. S. H. Spkott. The appellant was tried and convicted under the following indictment: 1. “The grand jury of said county charge that before the finding of this indictment that Wilson Gilmore sold spirituous, vinous or malt liquors without a license -and contrary to law.” 2. “The grand jury of said county further charge that before the finding of this indictment Wilson Gilmore did sell, give away, deliver or otherwise dispose of spirituous, vinous, or malt liquors, intoxicating bitters, or other intoxicating drinks, at or within three,…
1Opinion of the CourtHaralson, J.
1. The demurrer to the indictment is not set out in the transcript; but defendant’s counsel, in his assignment of errors states, that it was to the 2d and 3d counts, and on the ground that there was no statute prohibiting the acts charged therein. In this the counsel seems to have been inadvertent. The legislature "had adopted an act, “To prevent the sale, giving away, or delivering, or otherwise disposing of any spirituous, vinous or malt liquors, intoxicating bitters or any other intoxicating drinks at or within the localities in this State hereinafter designated, to-wit” (describing them).…
2Cases cited9 opinions
- Bain v. StateSupreme Court of Alabama · 1878
- Iverson v. StateSupreme Court of Alabama · 1875
- Parker v. HubbardSupreme Court of Alabama · 1879
- Block v. StateSupreme Court of Alabama · 1880
- Olmstead v. CrookSupreme Court of Alabama · 1889
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Smith v. StateSupreme Court of Alabama · 1931
- Allen v. StateAlabama Court of Appeals · 1947
- Kreutner v. StateAlabama Court of Appeals · 1918
- Watson v. StateAlabama Court of Appeals · 1912