Legal Opinion

Johnson v. State

Supreme Court of Alabama

Decided July 2, 1907PublishedCited by 2 opinions

Selling Spirituous, Vinous or Malt Liuors Without License. Appeal from Barbour Circuit Court. Heard before Hon. A. A. Evans. Dan Johnson was convicted of selling spirituous liquors without a license and contrary to law. The defendant was indicted for retailing spirituous, vinous, or malt liquors without license and contrary to law.

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Selling Spirituous, Vinous or Malt Liuors Without License. Appeal from Barbour Circuit Court. Heard before Hon. A. A. Evans. Dan Johnson was convicted of selling spirituous liquors without a license and contrary to law. The defendant was indicted for retailing spirituous, vinous, or malt liquors without license and contrary to law. The facts disclosed by the state’s evidence was that Dan Johnson sold to the witness a pint of liquor for 25 cents and that the purchase was made about 6 o’clock in the morning at the residence of defendant in the city of Eufaula. It was admitted that the defendant…

1Opinion of the CourtAnderson, J.

Acts 1903, p. 222, which is amenda-tory of the Code of 1896, § 4125, among other things, provides that the license “shall not be transferable, nor shall it entitle the holder thereof to carry on any other business or do any other act than that named therein, nor at any other location than that therein specified.” The defendant admitted that he was conducting a barroom a half mile from his house, the place where the state proved he sold the liquor, and the former was the place to which the license related, and it did not authorize him to sell liquor at his home, a half mile from, his saloon. —…

2Cases cited2 opinions

  1. Hochstadler v. StateSupreme Court of Alabama · 1882
  2. Jebeles Bros. v. StateSupreme Court of Alabama · 1897

3Cited by2 opinions

  1. Owen v. West Alabama Butane CompanySupreme Court of Alabama · 1965
  2. Anniston Electric & Gas Co. v. StateAlabama Court of Appeals · 1915

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