Sampson v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Marshall. Tried before the Hon. J. A. Bilb no. The indictment charges two separate and distinct offenses, having different punishments. (1) Engaging in the business of a retail dealer in spirituous or vinous or malt liquors other than lager beer. (2) Engaging in the business of a retail dealer in lager.beer exclusively.
Read the full summary
Appeal from the Circuit Court of Marshall. Tried before the Hon. J. A. Bilb no. The indictment charges two separate and distinct offenses, having different punishments. (1) Engaging in the business of a retail dealer in spirituous or vinous or malt liquors other than lager beer. (2) Engaging in the business of a retail dealer in lager.beer exclusively. The punishment for the first of these offenses is a fine of $375. and of the second a fine of only one fourth of this amount. The fine in both cases .being absolute and 'fixed by law. Code Sec. 3892, Sec. 629,Sub. Liv. 3. The rule is well…
1Opinion of the CourtHead, J.
The indictment in this case charges that *79tlie defendant engaged in, or carried on, the business of a retail dealer in spirituous, vinous or mal-t liquors at a place not in any city, town or village, without a license and contrary to law. On this indictment the jury rendered the following verdict: “We, the jury, find the defendant guilty as. charged in the indictment, and assess his fine at $375.00.” The appellant moved the trial court to arrest the judgment, and assigned the following grounds:
1st. The indictment charges, in the disjunctive, two or more offenses, and the verdict of the jury is…
2Cases cited9 opinions
- Wooster v. StateSupreme Court of Alabama · 1876
- Harrington v. StateSupreme Court of Alabama · 1887
- Johnson v. StateSupreme Court of Alabama · 1856
- Cawley v. StateSupreme Court of Alabama · 1861
- Mooney v. StateSupreme Court of Alabama · 1845
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- McGehee v. StateSupreme Court of Alabama · 1911
- Lide v. StateSupreme Court of Alabama · 1901
- Little v. SuggSupreme Court of Alabama · 1942
- Jackson v. StateSupreme Court of Alabama · 1947
- Flournoy v. StateAlabama Court of Appeals · 1948
13 more not listed; retrieve them via the Exa API.