Freeman v. State
| Citation | 4 Ala.App. 193,59 So. 228 |
| Parties | FREEMAN v. STATE. |
| Decision Date | 13 June 1912 |
| Court | Alabama Court of Appeals |
Appeal from Circuit Court, Barbour County; M. Sollie, Judge.
John Freeman was convicted of selling prohibited liquors without a license, and he appeals. Affirmed.
G. L. Comer, of Eufaula, for appellant.
R. C. Brickell, Atty. Gen., and W. L. Martin, Asst. Atty. Gen., for the State.
DE GRAFFENRIED, J.
The indictment in this case charges that the defendant sold spirituous, vinous, or malt liquors without a license and contrary to law. The defendant assigned numerous grounds of demurrer to the indictment, the court overruled the demurrer, there was a trial by jury, and from the judgment of the court, pronounced upon a verdict of guilty as charged in the indictment, accompanied by a fine of $50, the defendant appeals.
The only question presented to us goes to the sufficiency of the indictment. The indictment was not subject to demurrer because it failed to name the party to whom the liquor was sold. Jones v. State, 136 Ala. 118, 34 So. 236; Grace v. State, 1 Ala. App. 211, 56 So. 25. Section 7 of the act approved August 9, 1909 (General and Local Acts Special Session 1909, p. 12), which is "an act to promote temperance," etc., declares that the act shall be liberally construed, so as to accomplish the purpose thereof, which is to promote temperance and discourage the use and consumption of prohibited liquors. Giving a strict construction to every word in the above indictment, it was plainly sufficient. It may charge more than the law now requires such an indictment to charge, but it plainly charges the defendant with a violation of our present prohibition laws. Code, § 7353; Mitchell v. State, 141 Ala. 90, 37 So. 407; Olmstead v. State, 89 Ala. 16, 7 So. 775; Tonsey v. State, 151 Ala. 83, 44 So. 183.
There is no error in the record. The judgment of the court below is affirmed.
Affirmed.
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Adkins v. State
...25, the contention that 'the indictment must allege the name of the person to whom the gift was made (was rejected).' In Freeman v. State, 4 Ala.App. 193, 59 So. 228, the court said: 'The only question presented to us goes to the sufficiency of the indictment. The indictment was not subject......
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Edmondson v. State
... ... Z. Riley and H. L. Martin, both of Ozark, for appellant ... R. C ... Brickell, Atty. Gen., and W. L. Martin, Asst. Atty. Gen., for ... the State ... [4 ... Ala.App. 198] DE GRAFFENRIED, J ... 1. The ... indictment in this case was sufficient. John Freeman v ... State, 59 So. 228 ... 2. We ... gather from this record that there were two indictments ... against this defendant, that both were similar in language, ... and that the names of the same parties appeared upon the back ... of each indictment as witnesses for the state; in ... ...