Coleman v. State
Supreme Court of Alabama
Appeal from Hale County Court. Heard before Hon. W .6. Christian. Luther Coleman was convicted of selling whisky without a license, and he appeals.
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Appeal from Hale County Court. Heard before Hon. W .6. Christian. Luther Coleman was convicted of selling whisky without a license, and he appeals. The Code authorizing' the form of indictment preferred in this case dispensing with any allegation as to the name of the person to whom the' alleged sale was made,’ is unconstitutional and void, being in violation of that seceion of the bill of rights which secures to the defendant the right to be informed of the nature and cause of the accusation- against liim. — McLcuitglilin v: The State,.45 Ind. 338; Bro-ion v. Thd People, 29 Mich. 232; People…
1Opinion of the Court
HABALSON, J.-
The indictment, in its first count, charged defendant in Code form, with selling whisky without, a license and contrary to law.
The second count, a little more specific than the first, but containing the averments of the first, gave the name of the person to whom the liquor was sold, or for whom it was procured, or whom he aided in procuring the same.
The first count was demurred to on the ground that the indictment failed to allege the name of the person to whom the alleged sale was made, and to whom and ■where the same was sold, or -when defendant procured or aided the party…
2Cases cited7 opinions
- Noles v. StateSupreme Court of Alabama · 1854
- Mayo v. StateSupreme Court of Alabama · 1857
- Cochran v. StateSupreme Court of Alabama · 1857
- Caldwell v. StateSupreme Court of Alabama · 1906
- Guarreno v. StateSupreme Court of Alabama · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Stokley v. StateSupreme Court of Alabama · 1950
- Doss v. StateSupreme Court of Alabama · 1929
- Lacey v. StateAlabama Court of Appeals · 1915
- Powell v. StateSupreme Court of Alabama · 1932
- Whitehead v. StateAlabama Court of Appeals · 1918
10 more not listed; retrieve them via the Exa API.