Whaley v. State
Supreme Court of Alabama
From the Circuit Court of Covington. Tried before the Hon. John P. Hubbard. The indictment in this case, which was found in March, 1886, charged that the defendant, “not having first procured a license as a retailer from the proper legal authority, did sell vinous or spirituous liquors, which was drunk on or about the premises.”
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From the Circuit Court of Covington. Tried before the Hon. John P. Hubbard. The indictment in this case, which was found in March, 1886, charged that the defendant, “not having first procured a license as a retailer from the proper legal authority, did sell vinous or spirituous liquors, which was drunk on or about the premises.” On the trial, as the bill of exceptions states, one R. C. Teele testified on the part of the prosecution, that he had several times bought liquor from the defendant, in quantities less than a quart, and drank some of the liquor on the premises; that on Christmas eve,…
1Opinion of the CourtSomervile, J.
The rulings of the Circuit Court in this case must be pronounced correct, on the authority of the following cases: Christian v. State, 40 Ala. 376; Pearce v. State, Ib. 720; Brown v. State, 31 Ala. 353; Patterson v. State, 36 Ala. 297; Powell v. State, 63 Ala. 177; Easterling v. State, 30 Ala. 46; Clark’s Man. Cr. Law, §§ 1609-1610. Under the authority of these decisions, if the liquor sold by the defendant was drunk within five or six steps of his store, and in full view of the premises, it was drunk “about his premises” within the meaning of the statute. Code, 1886, § 4036. It would avail…
2Cases cited5 opinions
- Easterling v. StateSupreme Court of Alabama · 1857
- Brown v. StateSupreme Court of Alabama · 1858
- Powell v. StateSupreme Court of Alabama · 1879
- Christian v. StateSupreme Court of Alabama · 1867
- Patterson v. StateSupreme Court of Alabama · 1860
3Cited by1 opinion
- Jones v. StateSupreme Court of Alabama · 1892