Cagle v. State
Supreme Court of Alabama
Prom: the Circuit Court of Etowah. Tried before the Hon. John B. Tally. The indictment in this case was found in April, 1889, and charged that Rachel Cagle and Sis Cagle, who was her daughter, “did sell or give spirituous liquors to Jep Elkins, a minor.”
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Prom: the Circuit Court of Etowah. Tried before the Hon. John B. Tally. The indictment in this case was found in April, 1889, and charged that Rachel Cagle and Sis Cagle, who was her daughter, “did sell or give spirituous liquors to Jep Elkins, a minor.” Sis Cagle being on trial alone, as the bill of exception states, “Jep Elkins testified, on the part of the State, that he was a minor, fifteen years old; that he got ten cents worth of whiskey from a woman named Rachel; that Sis Cagle measured it out to him, and put it in a bottle for him; that she put the whiskey in the bottle, and set it on…
1Opinion of the CourtMcCLELLAN, J.
The bill of exceptions shows that the defendant was present, and aided and abetted in the sale of spirituous liquor to a minor. The fact that she did not own the whiskey, and received nothing for it, constituted no defense.—State v. Hill, 62 Ala. 168. Nor is she any the less guilty, because what she did in measuring and delivering the liquor to the minor was done at the request or command of her mother, to whom it belonged, and who received the price of it.—1 Bish. Cr. Law, §§ 355, 367; People v. Richmond, 29 Cal. 414. There was no error in giving the general charge at the instance of the…
2Cases cited2 opinions
- Hill v. StateSupreme Court of Alabama · 1878
- People v. RichmondCalifornia Supreme Court · 1866
3Cited by6 opinions
- Warren v. StateSupreme Court of Alabama · 1916
- Green v. StateSupreme Court of Alabama · 1892
- Jones v. StateSupreme Court of Alabama · 1892
- Bonds v. StateSupreme Court of Alabama · 1900
- Gilmore v. StateSupreme Court of Alabama · 1899
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