Maxwell v. State
Supreme Court of Alabama
Appeal from the City Court of Anniston. Tried before the Hon. Thomas W. Coleman, Jk. The appellant in this case, Buck Maxwell, was tried and convicted under an indictment which charged that he “sold, gave away, or otherwise disposed of spirituous, vinous or malt liquors without a license and contrary to law, against the peace,” etc.
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Appeal from the City Court of Anniston. Tried before the Hon. Thomas W. Coleman, Jk. The appellant in this case, Buck Maxwell, was tried and convicted under an indictment which charged that he “sold, gave away, or otherwise disposed of spirituous, vinous or malt liquors without a license and contrary to law, against the peace,” etc. The cause was tried by the court without the intervention of a jury upon the following testimony: G. S. Harmon, a witness for the State, testified that within twelve months before the finding of this indictment, he went to the mill owned by John H. Maxwell, the…
1Opinion of the CourtTyson, J.
To constitute the offense for which the defendant was convicted, the fact must be established by the eAddence that he parted with, to another, the possession or ownership of the whiskey. If defendant had not *133possession of it, nor owned it, Ms delivering it to tbe witness for the prosecution ivas wrongful as against the owner of it, and constituted neither a sale, gift nor disposition of it.
In Amos t>. State, 73 Ala. 501,. speaking to this question this court said: “The effective words are sell, give away, or othemoise dispose of; all of which in a general sense, found in this connection,…
2Cases cited1 opinion
- Bonds v. StateSupreme Court of Alabama · 1900
3Cited by7 opinions
- Reed v. StateCourt of Criminal Appeals of Oklahoma · 1909
- Martin v. WattsSupreme Court of Alabama · 1987
- Martin v. WattsSupreme Court of Alabama · 1987
- Tony v. StateSupreme Court of Alabama · 1906
- Perry v. Southern Express Co.Supreme Court of Alabama · 1919
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