Carl v. State
Supreme Court of Alabama
From the Circuit Court of Escambia- Tried before the Hon. John P. Hubbard. The indictment in this case was found in October, 1887, and charged that the defendant, H. C. Carl, “sold vinous or spirituous liquors, without a license, and contrary to law;” and in the second count, “that he did-unlawfully sell, keep for sale, or otherwise dispose of vinous, spirituous, or malt liquors, or other intoxicating beverages or bitters, within the limits of said county.”
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From the Circuit Court of Escambia- Tried before the Hon. John P. Hubbard. The indictment in this case was found in October, 1887, and charged that the defendant, H. C. Carl, “sold vinous or spirituous liquors, without a license, and contrary to law;” and in the second count, “that he did-unlawfully sell, keep for sale, or otherwise dispose of vinous, spirituous, or malt liquors, or other intoxicating beverages or bitters, within the limits of said county.” On the trial, as the bill of exceptions states, the prosecution elected to proceed under the second count, and to rely on a sale to one…
1Opinion of the CourtOlopton, J.
The defendant is charged with the violation of a statute which declares, “it shall be unlawful for any person or persons to sell, keep for sale, or dispose of any spirituous, vinous or malt liquors, or other intoxicating bitters or beverages,” within the county of Escambia. — -Acts 1884-5, p.- 601. The evidence shows that the defendant sold a preparation, which is styled “Elixir Cinchona and Gentian Compound,” consisting of herbs and other substances possessing medicinal properties, and alcohol. The *97defense is, that it is a proprietary medicine, that he sold it in good faith as a medicine,…
2Cases cited4 opinions
- Carson v. StateSupreme Court of Alabama · 1881
- Commonwealth v. HallettMassachusetts Supreme Judicial Court · 1869
- Carl v. StateSupreme Court of Alabama · 1888
- Commonwealth v. RamsdellMassachusetts Supreme Judicial Court · 1881
3Cited by11 opinions
- Marks v. StateSupreme Court of Alabama · 1909
- Smith v. StateSupreme Court of Alabama · 1931
- Allen v. StateAlabama Court of Appeals · 1947
- State Ex Rel. Black v. Southern Express Co.Supreme Court of Alabama · 1917
- Tinker v. StateSupreme Court of Alabama · 1891
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