Daly v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Greene. Tried before the Hon. Porter King. “On the trial of this ¡ease,” as the hill of exceptions recites, “ the State introduced as a witness one Wiley Hawkins, who testified, that the defendant kept a house in the town of Eutaw where spirituous liquors were sold; that he, (witness,) within twelve months before the finding of the indictment, frequently bought whiskey from the defendant by the quart; that said liquor, on divers occasions,…
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Appeal from the Circuit Court of Greene. Tried before the Hon. Porter King. “On the trial of this ¡ease,” as the hill of exceptions recites, “ the State introduced as a witness one Wiley Hawkins, who testified, that the defendant kept a house in the town of Eutaw where spirituous liquors were sold; that he, (witness,) within twelve months before the finding of the indictment, frequently bought whiskey from the defendant by the quart; that said liquor, on divers occasions, was drunk in an alley, five or six feet wide, which led from the main street between the defendant’s house and that of one…
1Opinion of the Court
It.' W. WALKEN, J.—
When, in reply to the inquiry of the jury as.to-the meaning of the word ‘■‘about,” the' *433court charged them that “ the alley, as spoken of by the witness, was about the premises,” this, when considered in connection with the evidence, all of which is set out in the bill of exceptions, was tantamount to a charge, that the place where the liquor was drunk, as described by the witness, was within the prohibition of the statute; and so it must have been understood by the jury. How far the alley spoken of extended; to what distance the liquor was carried by the buyer before he…
2Cases cited1 opinion
- Easterling v. StateSupreme Court of Alabama · 1857
3Cited by3 opinions
- Jones v. StateSupreme Court of Alabama · 1892
- Orke v. McManusSupreme Court of Iowa · 1909
- People v. Miller, New York County Courts1902