Legal Opinion

Dean v. State

Supreme Court of Alabama

Decided November 15, 1893PublishedCited by 7 opinions

Appeal from the County Court of Shelby. Tried the Hon. John S. Deeper. John Dean was convicted of selling intoxicating liquors under an indictment in the following words : “The grand jury of said county, charge that, before the finding of this indictment, John Dean did sell or give spirituous, vinous or malt liquors to Charles Knowles, a minor, without the consent of the parents or guardian or person having control or management of such minor, and without the written…

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Appeal from the County Court of Shelby. Tried the Hon. John S. Deeper. John Dean was convicted of selling intoxicating liquors under an indictment in the following words : “The grand jury of said county, charge that, before the finding of this indictment, John Dean did sell or give spirituous, vinous or malt liquors to Charles Knowles, a minor, without the consent of the parents or guardian or person having control or management of such minor, and without the written prescription of a licensed physician against the peace and dignity of the State of Alabama.” When the case was called for trial…

1Opinion of the CourtStone, C. J.

The statute—“To regulate the trial of misdemeanors in Shelby county, Alabama,” approved February 12,1891—Sess. Acts 580—and the amendatory statute approved February 21, 1892—Sess. Acts 826—each of them, is coustitutional. The latter is an amendment and repeal of the former. 3 Brick. Dig. 132, §§ 82, 83, 84, 85; Ib. 750, §§ 46, 49; Connelly v. State, 60 Ala. 89; Cawthorn v. State, 63 Ala. 157; Ex parte Merlet, 71 Ala. 371. It results that there was no merit in the attempted defense to the jurisdiction, nor in the motion to strike the case from the docket.

Nor is there merit in the d'emurrer to…

2Cases cited3 opinions

  1. Connelly v. StateSupreme Court of Alabama · 1877
  2. Ex parte StateSupreme Court of Alabama · 1882
  3. Cawthorn v. StateSupreme Court of Alabama · 1879

3Cited by7 opinions

  1. Montgomery v. StateAlabama Court of Appeals · 1920
  2. Dixon v. StateAlabama Court of Appeals · 1936
  3. Ellis v. StateSupreme Court of Alabama · 1894
  4. Childers v. StateSupreme Court of Alabama · 1908
  5. Ex Parte State Ex Rel. CarmichaelSupreme Court of Alabama · 1948

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