Miller v. State
Supreme Court of Alabama
Appeal from Marengo Circuit Court. Heard before Hon. John T. Lackland. Wes Miller was convicted of aiding in an unlawful sale of intoxicants and he appeals.
1Opinion of the CourtMcCLELLAN, J.
The second count of the indictment charged “that before the finding of this indictment Wes Miller sold spirituous, vinous, or malt liquors without a license and contrary to law.” The verdict responded expressly to this count only. Section 7363, Code 1907, provides that a conviction of a violation of that section may be had under an indictment charging in the.form present in the second count quoted a sale, etc., of liquors. — Darrington v. State 162 Ala. 60, 50 South. 396; Rayfield v. State, 167 Ala. 94, 52 South. 833.
*101The testimony of the defendant himself was as follows: “He said (naming two…
2Cases cited2 opinions
- Darrington v. StateSupreme Court of Alabama · 1909
- Rayfield v. StateSupreme Court of Alabama · 1910
3Cited by4 opinions
- Kiker v. StateSupreme Court of Alabama · 1937
- Swope v. StateAlabama Court of Appeals · 1915
- Tinker v. StateCourt of Criminal Appeals of Alabama · 1980
- Bryan v. StateCourt of Criminal Appeals of Alabama · 1981