Sikes v. State
Supreme Court of Alabama
Indictment against Saloon Keeper for Permitting Minor to Play on Billiard Table Connected with Saloon. Appeal from Pike Circuit Court. Tried before Hou. H. D. Clayton.
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Indictment against Saloon Keeper for Permitting Minor to Play on Billiard Table Connected with Saloon. Appeal from Pike Circuit Court. Tried before Hou. H. D. Clayton. An indictment was preferred, at the Fall term, 1880, of the Circuit Court of Pike county, charging that “James D. Sikes, a person wbo is the owner or keeper of a saloon in which vinous, spirituous, or other intoxicating liquors are kept for sale, having a billard table connected therewith, on which the public can play, knowingly permitted Charley McCaskill, a minor, to play thereon.” On the trial, it appeared, that defendant…
1Opinion of the CourtStone, J.
— The indictment in this case is defective. It charges that “James Sikes, who'i-s the owner or keeper of a saloon in which vinous, spirituous, or other intoxicating liquors are kept for sale, having a billiard table connected therewith on which the public can play,” &c. All these averments relate to the time present, when the indictment was found. They should have been charged to exist at the time the alleged misdemeanor was committed ; for, it is those attendant facts and conditions which make the act charged an indictable offense. — Sherban v. Com. 8 Watts, 212; 1 Arch, Pl. (by Waterman,…
2Cases cited1 opinion
- Sherban v. CommonwealthSupreme Court of Pennsylvania · 1839
3Cited by8 opinions
- Champion v. McLeanSupreme Court of Alabama · 1957
- Boone v. StateSupreme Court of Alabama · 1911
- City of Clearwater v. BowmanSupreme Court of Kansas · 1905
- State v. Franco Novelty Company, IncorporatedCourt of Civil Appeals of Alabama · 1974
- White v. United Parcel Service, Inc.Court of Civil Appeals of Alabama · 1985
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