Legal Opinion

Weed v. State

Supreme Court of Alabama

Decided December 15, 1876PublishedCited by 11 opinions

Prom tbe Circuit Court of Talladega. Tried before tbe Hon. Geo. H, Craig. Geo. W. PaesoNS, for tbe defendant. — 1. Tbe demurrer to tbe indictment ought to have been sustained. — Bryan v. The State, 45 Ala. 86. 2. Tbe objections to Bell’s testimony were well taken.

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Prom tbe Circuit Court of Talladega. Tried before tbe Hon. Geo. H, Craig. Geo. W. PaesoNS, for tbe defendant. — 1. Tbe demurrer to tbe indictment ought to have been sustained. — Bryan v. The State, 45 Ala. 86. 2. Tbe objections to Bell’s testimony were well taken. He was allowed to state bis opinion, wbicb was very indefinite, and at best but secondary evidence; while tbe parents of tbe alleged minor were not introduced, although it was shown that they resided in tbe county; and Law himself testified as to bis own age, “ from tbe family bible at home.” Tbe law requires tbe best evidence of…

1Opinion of the Court

MANNING, J. —

Section 3619 of the Revised Code makes it penal to sell, give, or deliver any vinous, fermented, or spirituous liquors, “to any minor, apprentice, student, or pupil,” &c., “ without the consent of the parent, guardian, master, or other person having the legal charge of such minor, apprentice, student, or pupil,” &c. The indictment against appellant is, that he “ sold, gave, or delivered to one John Law, a minor, vinous, fermented, or spirituous liquors, without the consent of the parent, guardian, or person having the legal charge of the said John Law,” &c. And this is exactly…

2Cases cited1 opinion

  1. Bryan v. StateSupreme Court of Alabama · 1871

3Cited by11 opinions

  1. Doss v. StateSupreme Court of Alabama · 1929
  2. Martin v. StateSupreme Court of Alabama · 1891
  3. Winter v. StateSupreme Court of Alabama · 1898
  4. State v. GrubbSupreme Court of Kansas · 1895
  5. Whitehead v. StateAlabama Court of Appeals · 1918

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