Collins v. Jones
| Decision Date | 23 January 1888 |
| Citation | 83 Ala. 365,3 So. 591 |
| Parties | COLLINS v. JONES. |
| Court | Alabama Supreme Court |
Appeal from circuit court, Lee county; J. M. CARMICHAEL, Judge.
This action was brought by the appellant, Terry Collins, against De Kalb Jones upon two promissory notes, and was commenced in the magistrate's court, and by appeal was carried to the circuit court, and from there came here by appeal. The defendant interposed several pleas, to which the plaintiff demurred, and the court sustained the demurrers to the second, third, fourth, and fifth pleas, and overruled them as to the first and sixth pleas. Issue was joined on the first plea, which was to the effect that, at the time of making the contract,-signing the said notes,-the defendant was so much under the influence of intoxicating liquors that he was deprived of the use of reason and understanding, and was utterly incapable of entering into a valid contract with any one. Issue was also joined on the sixth plea, which was to the effect that the notes sued on where given in consideration of spirituous or vinous liquors to the defendant at a time when the defendant was a man of known intemperate habits, and that this fact was known to the plaintiff at the time he sold the liquor to the defendant and the several quantities were sold to the defendant in quantities less than was allowed to be sold without a special license, and that the plaintiff had no such license, and that the liquor was sold without a requisition from a physician for medical purposes. There was evidence by several witnesses which tended to prove that the defendant lived in the country; that whenever he came to town where he could get spirituous liquors, he always drank to excess; that he frequently came to the place of business of the plaintiff where spirituous liquors were sold, and invariably drank to excess there, and was frequently carried or taken from the plaintiff's place of business in a drunken condition. Upon this state of the evidence the defendant asked the following charge, which was in writing: "To constitute a man of known intemperate habits, it is not necessary that he should be continually or generally drunk; it is sufficient if it be proved that he lives in the country away from where liquors are sold; that, when he comes to town, or where liquors are sold, that he generally drinks to excess,"-which charge the court gave, and the plaintiff excepted to the giving of the said charge. The defendant also asked the court to give the following charge, which was also in writing: "If the jury believe from the evidence that any part of the consideration of the notes sued upon was spirituous, vinous, or malt liquors, which were sold to the defendant...
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Sims v. Struthers
...the jury that such evidence should be considered only for the purpose for which is proper.--Cases, supra. The case of Collins v. Jones, 83 Ala. 365, 3 So. 591, is contrary to the six decisions just cited; but Collins v. Jones ignored five earlier decisions cited above; it relied on cases no......
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Cotney v. State
...some other purpose. Thompson v. Drake, 32 Ala. 99; Randolph v. Sharpe, 42 Ala. 265, 272; Johnson v. Marshall, 34 Ala. 522; Collins v. Jones, 83 Ala. 365, 3 So. 591; 64 Juris 134, § 152; 16 C.J. 852, § 2153; 23 C.J.S., Criminal Law, § 1031. But if evidence is offered generally, and it is exc......
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Jones v. State
... ... declared what were the constituents of this offense,-a sale ... or gift, to a person of intemperate habits, and knowledge in ... the seller or giver of such intemperate habits. These three ... facts must be proved to authorize a conviction. See, also, ... Smith v. State, 55 Ala. 1; Collins v ... Jones, 83 Ala. 365, 3 So. 591; Lane v. State, ... 85 Ala. 11, 4 So. 730. We also declared the measure of proof ... which the law requires before conviction of a criminal ... offense can be had. The jury must be convinced beyond a ... reasonable doubt. Such is the rule in all criminal ... ...
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