Ashurst v. State
Supreme Court of Alabama
From the Circuit Court of. Tallapoosa. Tried before the Hon. James E. Cobb. The indictment in this case charged, in a single count, that the defendant “ sold vinous or spirituous liquors, without license, and contrary to law.” A trial was had on issue joined on the plea of not guilty, which resulted in a verdict and judgment against the defendant.
Read the full summary
From the Circuit Court of. Tallapoosa. Tried before the Hon. James E. Cobb. The indictment in this case charged, in a single count, that the defendant “ sold vinous or spirituous liquors, without license, and contrary to law.” A trial was had on issue joined on the plea of not guilty, which resulted in a verdict and judgment against the defendant. On the trial, he reserved a bill of exceptions, as follows: “ The State proved that the defendant sold spirituous liquors to sundry persons in said county, within twelve months before the finding of the indictment, and within four miles of a certain…
1Opinion of the CourtSomerville, J.
The defendant was indicted for selling spirituous liquors without license, and contrary to law. He justified under a license, which the court, in effect, pronounced to be void, because of the existence of a prohibitory liquor law, which, in the opinion of the court, was of force within four miles of the factory of the Tallassee Palis Manufacturing Company.
It is our opinion that this ruling of the court was free from error.
The prohibitory law in question derived its origin and force from an act of the legislature, approved January 29, 1852, entitled “An act to incorporate the Tallassee…
2Cited by2 opinions
- Prestwood v. StateSupreme Court of Alabama · 1889
- Montgomery v. StateSupreme Court of Alabama · 1889