Tony v. State
Supreme Court of Alabama
Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jr. The appellant was indicted, tried and convicted for the offense of selling liquor to a minor. The facts sufficiently appear in the opinion. Under the evidence in this case, the sale was made to Roberts, the principal, through Ray Smith, the minor. Smith acquired no title to the property, and the sale was therefore to Roberts.
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Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jr. The appellant was indicted, tried and convicted for the offense of selling liquor to a minor. The facts sufficiently appear in the opinion. Under the evidence in this case, the sale was made to Roberts, the principal, through Ray Smith, the minor. Smith acquired no title to the property, and the sale was therefore to Roberts. This was not a violation of the law. — Section 5078, Code 1896. The act authorizing this court to review the findings of the judge of the trial court on the facts when properly presented by a bill…
1Opinion of the CourtSimpson, J.
The defendant was indicted, tried, and convicted for the offense of selling or giving intoxicating liquors to a minor. The trial was by the court, without a jury, and the defendant excepts to the judgment of the court.
Under Acts 1896-97, p. 330, § 12, declaring the powers, etc., of the city court of Anniston, it is especially provided that, as to the conclusions and judgment of said court on the evidence, “the Supreme Court shall review the same without any presumption in favor of the court below on the evidence,” etc. As this provision is made applicable to all cases at law tried in said…
2Cases cited4 opinions
- Woodrow v. HawvingSupreme Court of Alabama · 1894
- Maxwell v. StateSupreme Court of Alabama · 1903
- Wallace v. StateSupreme Court of Arkansas · 1891
- Siceluff v. StateSupreme Court of Arkansas · 1889
3Cited by4 opinions
- Alabama, Tenn. & Northern Ry. Co. v. Aliceville Lumber Co.Supreme Court of Alabama · 1916
- Fort Smith Light & Traction Co. v. BourlandSupreme Court of Arkansas · 1923
- Armstrong v. Roger's Outdoor SportsSupreme Court of Alabama · 1991
- Wyman v. WalkerSupreme Court of Alabama · 1912