Mills v. State
Supreme Court of Alabama
Selling Liquor Without License. Appeal from Lamar Circuit Court. Heard before Hou. S. H. Sprott. Charlie Mills was convicted of soliciting or receiving an order for spirituous,, vinous, or malt liquors within the limits of a district in which the sale of such liquors was prohibited, to be shipped or sent into such district, and he appeals.
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Selling Liquor Without License. Appeal from Lamar Circuit Court. Heard before Hou. S. H. Sprott. Charlie Mills was convicted of soliciting or receiving an order for spirituous,, vinous, or malt liquors within the limits of a district in which the sale of such liquors was prohibited, to be shipped or sent into such district, and he appeals. The indictment was in the following language: “The grand jury of said county charge that before the finding of this indictment Charlie Mills sold spirituous, vinous, or malt liquors without license and contrary to law. (2) That Charlie Mills, within the…
1Opinion of the CourtDenson, J.
— The indictment contains three counts, the second and third of which are in Code form (form. *63684), for a violation of section 5087 of the Code of 1896, which provides that “any person, who, within the limits of any district in which the sale of spirituous', vinous, or malt liquors are prohibited by law, solicits or receives any order for spirituous, vinous or malt liquors in any quantity to be shipped or sent into such district, must, on conviction, be fined not less than twenty, nor more than one hundred dollars.” It is evident that the third is the only count on which conviction was insisted…
2Cases cited4 opinions
- Verberg v. StateSupreme Court of Alabama · 1902
- Riley v. RileySupreme Court of Alabama · 1860
- Jones v. StateSupreme Court of Alabama · 1885
- Wright v. BollingSupreme Court of Alabama · 1855
3Cited by3 opinions
- State ex rel. Black v. DelayeSupreme Court of Alabama · 1915
- Worrell v. StateCourt of Criminal Appeals of Alabama · 1978
- Dungan v. StateAlabama Court of Appeals · 1911