Darrington v. State
| Court | Supreme Court of Alabama |
| Writing for the Court | DENSON, J. |
| Citation | 162 Ala. 60,50 So. 396 |
| Parties | DARRINGTON v. STATE. |
| Decision Date | 30 June 1909 |
50 So. 396
162 Ala. 60
DARRINGTON
v.
STATE.
Supreme Court of Alabama
June 30, 1909
Appeal from Washington County Court; D. J. Long, Judge.
John Darrington was convicted of selling intoxicating liquors, and he appeals. Affirmed.
Denson, Mayfield, and Sayre, JJ., dissenting. [50 So. 397]
Charles L. Bromberg, for appellant.
Alexander M. Garber, Atty. Gen., for the State.
DENSON, J.
The sale, giving away, or otherwise disposing of spirituous, vinous, or malt liquors has been prohibited by law in the county of Washington ever since February 24, 1887. Acts 1886-87, p. 699. The prohibition act referred to was in force at the time the defendant was tried and convicted in this case; and in connection with it the conviction of the defendant was secured, and is here sought to be sustained, under the act of the Legislature of March 12, 1907, entitled "An act to define, prohibit and punish aiding or abetting or counseling or procuring an unlawful sale, purchase, gift, or other unlawful disposition of spirituous, vinous, or malt liquors, or other liquors prohibited by law from being sold, given away, or otherwise disposed of." Gen. Acts 1907, p. 366.
Section 1 of the act provides: "That any person who makes, aids or abets, or counsels or procures an unlawful sale or unlawful purshase or unlawful gift or other unlawful disposition of spirituous, vinous or malt liquors or other liquors prohibited by law from being sold, given away or otherwise disposed of; or any person who shall act as agent, or assisting friend of the seller or purchaser in procuring or effecting the unlawful sale or purchase of any such liquors, must on conviction," etc. This section of the act concludes as follows: "And a conviction may be had for a violation of this act under an indictment for retailing spirituous, vinous or malt liquors without a license and contrary to law."
It is here insisted that so much of the act of March 12, 1907, as relates to the indictment in prosecutions for violations of its provisions, is offensive to section 45 of the Constitution of 1901, and is therefore void. Section 45 of the Constitution of 1901, amongst other things, provides that "each law shall contain but one subject, which shall be clearly expressed in its title, * * * and no law shall be revived, amended, or the provisions thereof extended or conferred, by reference to its title only; but so much thereof as revived, amended, extended or conferred, shall be re-enacted and published at length." The question of but one subject in the title of an act, to be clearly expressed therein, is threadbare in discussion. All the court has to do is to apply the established rules to the case in judgment. The title may be very general, and need not specify every clause of the statute; "but the requirement...
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Bachelor v. State, 5 Div. 976
...S. & I. Co. v. Smith, 175 Ala. 265, 57 So. 29; Savage v. Wallace, 165 Ala. 575, 51 So. 605; Darrington v. State, 162 Ala. 63, 50 So. 396; Phoenix Assurance Co. v. Fire Department, 117 Ala. 631, 23 So. 843, 42 L.R.A. 468; Cleveland v. State, 16 Ala.App. 336, 77 So. 930. Not only this, se......
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Whitehead v. State, 6 Div. 335
...denounced by the statute. Weed v. State, 55 Ala. 15, overruling Bryan's Case, 45 Ala. 86, declaring a different rule; Darrington v. State, 162 Ala. 60, 50 So. 396; Arrington v. State, 13 Ala. App. 359, 69 So. 385; Ex parte Arrington, 195 Ala. 694, 70 So. 1012. The demurrers to the indictmen......
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State v. Skinner, 6 Div. 496.
...to prevent fraud and impositions upon the people, and to protect investors in the purchase of speculative securities. Darrington v. State, 162 Ala. 60, 50 So. 396; Ham v. State, 156 Ala. 645, 47 So. 126; Lovejoy v. Montgomery, 180 Ala. 473, 61 So. 597, and authorities, supra. "There ar......
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Payne v. State, Use City of Booneville, 402
...liquor where the seller sells unlawfully is not a violation of the law. Black on Interpretation of Laws, §§ 40, 65, 113, 114, etc; 50 So. 396; 156 Ala. 396; 47 So. 245; 149 N.C. 537. 3. But if section 5133, Kirby's Digest, is a valid criminal statute there is no proof in this case that defe......
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Bachelor v. State, 5 Div. 976
...S. & I. Co. v. Smith, 175 Ala. 265, 57 So. 29; Savage v. Wallace, 165 Ala. 575, 51 So. 605; Darrington v. State, 162 Ala. 63, 50 So. 396; Phoenix Assurance Co. v. Fire Department, 117 Ala. 631, 23 So. 843, 42 L.R.A. 468; Cleveland v. State, 16 Ala.App. 336, 77 So. 930. Not only this, se......
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Whitehead v. State, 6 Div. 335
...denounced by the statute. Weed v. State, 55 Ala. 15, overruling Bryan's Case, 45 Ala. 86, declaring a different rule; Darrington v. State, 162 Ala. 60, 50 So. 396; Arrington v. State, 13 Ala. App. 359, 69 So. 385; Ex parte Arrington, 195 Ala. 694, 70 So. 1012. The demurrers to the indictmen......
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State v. Skinner, 6 Div. 496.
...to prevent fraud and impositions upon the people, and to protect investors in the purchase of speculative securities. Darrington v. State, 162 Ala. 60, 50 So. 396; Ham v. State, 156 Ala. 645, 47 So. 126; Lovejoy v. Montgomery, 180 Ala. 473, 61 So. 597, and authorities, supra. "There ar......
-
Payne v. State, Use City of Booneville, 402
...liquor where the seller sells unlawfully is not a violation of the law. Black on Interpretation of Laws, §§ 40, 65, 113, 114, etc; 50 So. 396; 156 Ala. 396; 47 So. 245; 149 N.C. 537. 3. But if section 5133, Kirby's Digest, is a valid criminal statute there is no proof in this case that defe......