Tatum v. State
Supreme Court of Alabama
Eeom the Circuit Court of Perry. Tried before the Hon. Geo. H. Craig. The indictment in this case was found in March, 1879, and charged that the defendant, “ John Tatum, before the finding of this indictment, did sell or give spirituous, vinous, or malt liquors, to John Liddell, a person of known intemperate habits; against the peace,” &o.
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Eeom the Circuit Court of Perry. Tried before the Hon. Geo. H. Craig. The indictment in this case was found in March, 1879, and charged that the defendant, “ John Tatum, before the finding of this indictment, did sell or give spirituous, vinous, or malt liquors, to John Liddell, a person of known intemperate habits; against the peace,” &o. The defendant demurred to the indictment, “ because it fails to allege that the gift or sale was made without the requisition of a physician ; ” but the court overruled the demurrer, and he then pleaded not guilty. The demurrer, and the ruling of the court…
1Opinion of the CourtStone, J.
The indictment in this case pursues the given form, and is sufficient.- — Code of 1876, page 998, form 59. It is framed under section 4205 of the Code, and charges that the defendant sold or gave spirituous, vinous, or malt liquors, to a person of known intemperate habits. Three esential facts must have been established to the satisfaction of the jury, beyond a reasonable doubt, to authorize a conviction: first, that there was a sale or gift of spirituous, vinous, or malt liquor; second, that the sale Or gift was to a person of intemperate habits; third, that at the time the seller or giver…
2Cases cited6 opinions
- Smith v. StateSupreme Court of Alabama · 1876
- Price v. Mazange & Co.Supreme Court of Alabama · 1858
- Coleman v. StateSupreme Court of Alabama · 1877
- Elam v. StateSupreme Court of Alabama · 1854
- Atkins v. StateSupreme Court of Alabama · 1877
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3Cited by16 opinions
- Atwell v. StateCourt of Criminal Appeals of Alabama · 1977
- Lane v. StateSupreme Court of Alabama · 1887
- Jones v. StateSupreme Court of Alabama · 1893
- Moor v. MoorSupreme Court of Alabama · 1924
- State ex rel. Attorney-General v. RobinsonSupreme Court of Alabama · 1895
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