Lawson v. State
Citation | 44 So. 50,151 Ala. 95 |
Parties | LAWSON v. STATE. |
Decision Date | 30 May 1907 |
Court | Supreme Court of Alabama |
Appeal from Hale County Court; W. C. Christian, Judge.
Nim Lawson was convicted of selling liquor without a license, and he appeals. Reversed and remanded.
The indictment in this case contained two counts, as follows: The first that Nim Lawson did, within the county of Hale, in the state of Alabama, sell spirituous, vinous, or malt liquors without a license and contrary to law; second, that Nim Lawson did, within the county of Hale, in the state of Alabama, sell, give away to, or procure for E. R. Britton, or did aid the said E. R. Britton in procuring, vinous spirituous, or malt liquors, and intoxicating drinks bitters, or beverages, without a license and contrary to law.
The defendant interposed the following demurrers to the first count: To the second count:
The charge referred to in the opinion is as follows: "If the jury believe from all the evidence in the case beyond a reasonable that the defendant," etc.
De Graffenreid & Evans, for appellant.
Alexander M. Garber, Atty. Gen., for the State.
The attack made by demurrer on the form of the indictment has been determined against the defendant in the case of Jones v. State, 136 Ala. 118, 34 So. 236, following and reaffirming the case of Noles v. State, 24 Ala 672. Appellant's counsel concede this, and say in their brief that they feel some "trepidation in presenting by the demurrer a proposition that this court has more than once held unsound." We are satisfied with the reasoning employed in the cases cited, upon which the form of the indictment was approved, and we have not been...
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Adkins v. State
...rejected the contention that the statutory form was unconstitutional and stated: 'The demurrer was properly overruled.' In Lawson v. State, 151 Ala. 95, 44 So. 50, the defendant interposed a demurrer to the indictment because it failed to allege to whom the defendant sold or gave away the l......
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Spigener v. State
...or malt liquors, contrary to law," and is sufficient. Jones v. State, 136 Ala. 123, 34 So. 236; Noles v. State, 24 Ala. 674; Lawson v. State, 151 Ala. 95, 44 So. 50. same section of the act provides: "And on the trial under a charge in either form, any act of selling in violation of law, em......
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Hurst v. State
...too well ingrained in our criminal procedure to ignore. The exact point was resolved in support of appellant's position in Lawson v. State, 151 Ala. 95, 44 So. 50. which scoff at the rigors of these technical formularies may not be inappropriate in cases where they are supplied by other ins......