Elsberry v. State
Supreme Court of Alabama
Appeal from City Court of Montgomery. Tried before Hon. J. A. Muraos. The indictment, which was found March 24,1874, charges that appellant and other persons, whose names were to the grand jury unknown, “ did engage in or carry on the business of commission-merchants,” without license, &c.
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Appeal from City Court of Montgomery. Tried before Hon. J. A. Muraos. The indictment, which was found March 24,1874, charges that appellant and other persons, whose names were to the grand jury unknown, “ did engage in or carry on the business of commission-merchants,” without license, &c. The State proved that the “Alabama Warehouse Company carried on the business of commission-merchants during the months of January and February preceding the finding of the indictment; that said company was a corporation under the laws of Alabama; that defendant was a stockholder therein, and was also its…
1Opinion of the CourtManning, J.
It is now insisted here, but the point was not brought to the attention of the court below, that no venue was proved. The answer to this is furnished by the opinion of this court in Huggins v. The State, 41 Ala. 393: “ There *10was evidence in tbe court below reasonably conducing to prove the venue. We do not understand the decision in Frank v. The State (39 Ala. 670) as going to the extent of holding that this court will pass upon the sufficiency of the evidence of venue, when no question was raised in the court below. That decision pertains to a case when it affirmatively appeared that there…
2Cases cited2 opinions
- Huggins v. StateSupreme Court of Alabama · 1868
- Nelson v. StateSupreme Court of Alabama · 1866
3Cited by12 opinions
- Nashville, Chattanooga & St. Louis Railway v. City of AttallaSupreme Court of Alabama · 1897
- Gamble v. City CouncilSupreme Court of Alabama · 1906
- White v. Chicago Title & Trust Co.Appellate Court of Illinois · 1981
- City of Troy v. HarrisMissouri Court of Appeals · 1903
- Kirk v. Henry M. Rich & Co.Appellate Court of Illinois · 1910
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