Jones v. State
| Decision Date | 07 January 1887 |
| Citation | 1 So. 32,81 Ala. 79 |
| Parties | JONES v. STATE. |
| Court | Alabama Supreme Court |
Appeal from circuit court, Pike county.
Indictment for selling liquor to a person of known intemperate habits. Judgment for the state, on a motion to quash. Defendant applied for a mandamus to compel the circuit judge to strike the indictment from the file, etc. Application refused, and ruling of the circuit court affirmed.
In this case the defendant was indicted for selling liquor to a person of known intemperate habits. There was evidence before the grand jury that liquor was sold to one Ross; but there was no evidence, except the statement of jurors to each other, that Ross was of known intemperate habits. A motion was made in the circuit court to quash indictment because it was not found on legal evidence. This motion the court denied, and this application is made for mandamus to compel the circuit judge to strike the indictment from the file, etc.
Gardner & Wiley, for appellant.
T. N. McClelland, Atty. Gen., for the State.
Without intending to decide whether the question sought to be raised in this case can be reached by mandamus, we affirm the ruling of the circuit court on the authority of Washington v. State, 63 Ala. 189; Sparrenberger v. State, 53 Ala. 481.
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