State v. Killian Wholesale Grocery Co.

SOMERVILLE, Justice.

This petition by the State of Alabama for certiorari to the Court of Civil Appeals presents the question of whether an Alabama wholesale tobacco dealer is liable for tobacco tax levied under § 718 et seq. of Title 51, Code of 1940, Recompiled 1958, on unstamped cigarettes stolen from its warehouse prior to sale. Stated differently, the question here is whether the tax is imposed on such a dealer irrespective of any sale by such dealer.

The uncontroverted facts are that Killian Wholesale Grocery Company, Inc., a wholesale tobacco dealer, respondent herein (appellee in Court…