Price v. State
Supreme Court of Alabama
Appeal from tbe City Court of .Mobile. Tried before tbe Hon. O. J. Semmes. Tbe opinion sufficiently describes tbe indictment, and also tbe plea of former conviction, to wbicb a demurrer was sustained. Tbe trial was bad upon issue joined on tbe plea of not guilty.
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Appeal from tbe City Court of .Mobile. Tried before tbe Hon. O. J. Semmes. Tbe opinion sufficiently describes tbe indictment, and also tbe plea of former conviction, to wbicb a demurrer was sustained. Tbe trial was bad upon issue joined on tbe plea of not guilty. It was shown on tbe trial, as appears from tbe bill of exceptions, that tbe defendant kept wbat is known as a “barrel bouse,” on Davis Avenue, a public street in tbe county of Mobile, but not witbin tbe limits of tbe city of Mobile. He. bad a license to carry on at that place tbe business of a retail dealer in vinous or spirituous…
1Opinion of the Court
STONE, 0. J.
Tbe maintenance of a public nuisance is 'an offense condemned and punished by tbe common law; and altbougb not declared by our statutes a misdemeanor, it is so regarded and acted upon in our jurisprudence. We must, therefore, look to tbe common law for the constituents of tbe crime. Among tbe many public nuisances, which were made indictable by tbe common law, is that of keeping a disorderly bouse. It is for this offense tbe appellee in tbe present case was indicted and convicted.
Tbe second count of tbe indictment, which contains substantially tbe averments of tbe two counts,…
2Cases cited5 opinions
- Cheek v. CommonwealthCourt of Appeals of Kentucky · 1881
- Thatcher v. StateSupreme Court of Arkansas · 1886
- Commonwealth v. CobbMassachusetts Supreme Judicial Court · 1876
- Commonwealth v. HopkinsMassachusetts Supreme Judicial Court · 1882
- Hickey v. StateSupreme Court of Alabama · 1875
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- People v. ThrineMichigan Supreme Court · 1922
- Fitzpatrick v. Age-Herald Pub. Co.Supreme Court of Alabama · 1913
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