Kelly v. State
Supreme Court of Alabama
Appeal from Coffee County Court. Heard before Hon. J. N. Ham. Jack Kelly was convicted of selling intoxicating liquors, and be appeals. Tlie indictment charges that Jack Kelley sold spirituous, vinous, or malt liquors without license and contrary to. law, against the peace and dignity of the state of Alabama.
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Appeal from Coffee County Court. Heard before Hon. J. N. Ham. Jack Kelly was convicted of selling intoxicating liquors, and be appeals. Tlie indictment charges that Jack Kelley sold spirituous, vinous, or malt liquors without license and contrary to. law, against the peace and dignity of the state of Alabama. Demurrer A is that the indictment was found at the fall term, 1909, of the circuit court of Coffee county, and filed in said court on September 24, 1909, and alleges and charges that the defendant sold spirituous, vinous, or malt liquors without a license and contrary to law, but falls…
1Opinion of the CourtAnderson, J.
The indictment was in code form (No. 100), and which is made sufficient under section 7353 of the Code of 1907 for a violation of the prohibition law. It is not for carrying on a business without a license, and does not fall within the influence of the case of Badgett v. State, 157 Ala. 20, 48 South. 54. Nor is it in the form held bad in the case of Cost v. State, 96 Ala. 60, 11 South. 435, but conforms to the count held sufficient in said last case.
The indictment was returned at the fall term, 1909, and would cover a violation of the law 12 months previous thereto, and ordinarily it is not…
2Cases cited4 opinions
- Marks v. StateSupreme Court of Alabama · 1909
- Glenn v. StateSupreme Court of Alabama · 1909
- Cost v. StateSupreme Court of Alabama · 1892
- Badgett v. StateSupreme Court of Alabama · 1908
3Cited by11 opinions
- Miller v. StateAlabama Court of Appeals · 1918
- Carroll v. StateCourt of Criminal Appeals of Alabama · 1983
- Scott v. StateAlabama Court of Appeals · 1912
- Gleason v. StateAlabama Court of Appeals · 1912
- Armstrong v. State Ex Rel. EmbrySupreme Court of Alabama · 1946
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