Campbell v. State
Supreme Court of Alabama
Appeal from Circuit Court of Barbour. Tried before Hon. J. MoCaleb Wiley. This is an indictment for selling liquor to a minor. The only evidence was, that the appellant sold one pint of whiskey to a minor, at the house of Atkinson Head in the county of Barbour. The court refused, at the instance of the defendant, to charge the jury, that if they believed the evidence they must acquit the defendant.
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Appeal from Circuit Court of Barbour. Tried before Hon. J. MoCaleb Wiley. This is an indictment for selling liquor to a minor. The only evidence was, that the appellant sold one pint of whiskey to a minor, at the house of Atkinson Head in the county of Barbour. The court refused, at the instance of the defendant, to charge the jury, that if they believed the evidence they must acquit the defendant. The defendant excepted, and now assigns the refusal to give this charge as error. 1. Under this indictment, a conviction can not be sustained for an offense under the revenue law of 1868. Under…
1Opinion of the CourtB. E. Saeeold, J.
The appellant was convicted under an indictment for selling vinous or spirituous liquors without license. The prosecution was for a violation of section 3618 of the Bevised Code, which is not a revenue law, but one for the prevention of offenses against public morality and decency. It is not repealed by the revenue law of 1868. — Mulvey v. The State, 43 Ala. 316.
The judgment is affirmed.
2Cases cited1 opinion
- Mulvey v. StateSupreme Court of Alabama · 1869
3Cited by3 opinions
- Martin v. StateSupreme Court of Alabama · 1877
- Ulmer v. StateSupreme Court of Alabama · 1878
- Nicrosi v. StateSupreme Court of Alabama · 1875