Lawson v. State

Citation44 So. 50,151 Ala. 95
PartiesLAWSON v. STATE.
Decision Date30 May 1907
CourtSupreme 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: "(1) That it fails to allege when and where the said offense was committed. * * * (3) That it fails to allege to whom the defendant sold or gave away the liquor. (4) Because it is not alleged that it was within 12 months before the finding of the indictment that the sale was made." To the second count: "That it fails to allege when and where the said offense was committed. It does not aver that the offense was committed within 12 months before the finding of the indictment. It is alleged in said indictment that defendant did sell, give away to, or procure for Ed R Britton, or did aid the said Ed R. Britton in procuring, the liquors, without license and contrary to law. Because the count is repugnant, in that it states the name to be Ed R Britton in one place and Ed B. Britton in another."

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.

DENSON J.

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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3 cases
  • Adkins v. State
    • United States
    • Supreme Court of Alabama
    • November 8, 1973
    ...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......
  • Spigener v. State
    • United States
    • Alabama Court of Appeals
    • December 15, 1914
    ...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......
  • Hurst v. State
    • United States
    • United States State Supreme Court of Mississippi
    • September 25, 1944
    ...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......

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