DuBois v. State
Supreme Court of Alabama
From the Circuit Court of Tallapoosa. Tried before the Hon. James R. Dowdell. The indictment in this case charged that the defendant, Barney DuBois, “sold vinous or spirituous liquor, without a license, and contrary to law.”
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From the Circuit Court of Tallapoosa. Tried before the Hon. James R. Dowdell. The indictment in this case charged that the defendant, Barney DuBois, “sold vinous or spirituous liquor, without a license, and contrary to law.” On the trial, as appears from the bill of exceptions, the prosecutio'n proved by one Mace “that he saw the defendant sell to one J. B. Thayer three pints of whiskey, for which said Thayer paid him $1.50; and that this occurred in said county, within a half-mile of Tallassee Factory, within twelve months before the finding of the indictment.” The prosecution offered in…
1Opinion of the CourtStone, C. J.
If the testimony of the defendant be true, he neither sold, nor aided in selling the liquor to Thayer. He purchased it for Thayer, at a point which is shown to have been without the prohibited district. He was not interested in the sale, and in no sense was he the agent of the seller. . He was agent of Thayer, the buyer, and did not assume to represent the seller. He advanced the money, not buying for his own use, but as an accommodation loan to Thayer, the purchaser. He made no profit, but received back only the money he had paid out for the liquor. If this testimony be true, the defendant…
2Cases cited3 opinions
- Young v. StateSupreme Court of Alabama · 1877
- Morgan v. StateSupreme Court of Alabama · 1886
- Campbell v. StateSupreme Court of Alabama · 1885
3Cited by8 opinions
- Banks v. StateIndiana Supreme Court · 1919
- Bonds v. StateSupreme Court of Alabama · 1900
- Maples v. StateSupreme Court of Alabama · 1900
- Banks v. StateSupreme Court of Alabama · 1902
- Brooks v. StateSupreme Court of Alabama · 1894
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