Legal Opinion

Morningstar v. State

Supreme Court of Alabama

Decided November 15, 1902PublishedCited by 6 opinions

Aiweae from the City Court of Mobile. Tried before the Hon. O. J. Semmes. The appeal in this case is prosecuted from a judgment convicting the appellant, Henry Morningstar, for having engaged in or carrying on the business of a dealer in pistols without a license. The fficts of the case are sufficiently stated in the opinion. cited Abel v. State, 90 Ala. 633; Weil v. State, 52 Ala. 19; Graham r. State, 71 Miss. 208; 5 Am. & Eng. Ency.

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Aiweae from the City Court of Mobile. Tried before the Hon. O. J. Semmes. The appeal in this case is prosecuted from a judgment convicting the appellant, Henry Morningstar, for having engaged in or carrying on the business of a dealer in pistols without a license. The fficts of the case are sufficiently stated in the opinion. cited Abel v. State, 90 Ala. 633; Weil v. State, 52 Ala. 19; Graham r. State, 71 Miss. 208; 5 Am. & Eng. Ency. Law, 123; Garter v. State, 44 Ala. 31; Manassas Glub v. Mobile, 121 Ala. 563. The evidence clearly warrants a conviction, since it shows a sale at a profit,…

1Opinion of the CourtHakalson, J.

The defendant was indicted for haying engaged in or carried on the business of a dealer in pistols without a license. — Acts 1900-1901, p. 2630, subdiv. 63.

1. To engage in or carry on a business, within the meaning of the statute, is to pursue an occupation or employment as a livelihood, or as a source of profit. Harris v. State, 50 Ala. 127; Weil v. State, 52 Ala. 21.

Doing a single act, pertaining to a particular business, will not be considered, as has been held, engaging in or carrying on the business, yet a series of such acts would be so considered.—Lemons v. State, 50 Ala. 130;…

2Cases cited6 opinions

  1. Harris v. StateSupreme Court of Alabama · 1874
  2. Weil v. StateSupreme Court of Alabama · 1875
  3. McPherson v. StateSupreme Court of Alabama · 1875
  4. Lemons & Martin v. StateSupreme Court of Alabama · 1874
  5. Mayor of Tuscaloosa v. HolczsteinSupreme Court of Alabama · 1902

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3Cited by6 opinions

  1. State v. Winehill & RosenthalSupreme Court of Louisiana · 1920
  2. State Ex Rel. Freeman v. Abstracters Board of ExaminersMontana Supreme Court · 1935
  3. Scott & Scott, Inc. v. CITY OF MOUNT. BROOKSupreme Court of Alabama · 2002
  4. Braxton v. City of SelmaAlabama Court of Appeals · 1918
  5. Rowe v. StateAlabama Court of Appeals · 1924

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