Sims v. State
| Decision Date | 18 December 1902 |
| Citation | 135 Ala. 61,33 So. 162 |
| Parties | SIMS v. STATE. |
| Court | Alabama Supreme Court |
Appeal from circuit court, Clarke county; John C. Anderson, Judge.
T. Sims was convicted of unlawfully selling, giving away, or otherwise disposing of intoxicating liquors, and appeals. Affirmed.
To the indictment the defendant demurred upon the following grounds (1) He is charged in said indictment, in the disjunctive with giving away spirituous, vinous, malt, or other intoxicating liquors in Clarke county, and he avers that the local prohibition act under which he is indicted does not prohibit the giving away of such liquors. (2) The indictment charges disjunctively the sale, giving away, or other disposition of the liquors mentioned in the indictment, but fails to allege that the giving away or otherwise disposing of the liquors was contrary to law. (3) The indictment charges the defendant with giving away the liquors mentioned in the indictment, but does not allege that such giving away was contrary to law. (4) The indictment charges the disposition, other than by sale or gift, of the liquors mentioned in the indictment, to wit, spirituous, vinous malt, or other intoxicating liquors, but fails to aver that such disposition was contrary to law. (5) Because said indictment charges no offense. (6) Because said indictment is not the Code form, and does not state in plain language the offense with which the defendant is charged. (7) Because said indictment does not state the name of the person or persons to whom the intoxicating liquors were sold, given, or disposed. (8) Because said indictment does not aver the facts to show what disposition was made of said liquors, so far as relates to the disjunctive count charging defendant with "otherwise disposing" of said liquors.
Lackland & Wilson, for appellant.
Chas G. Brown, Atty. Gen., for the State.
By an act approved February 24, 1881, it is made a misdemeanor "for any person to distill, brew, or manufacture, or sell, give away, or otherwise dispose of, any vinous spirituous, malt or other intoxicating decoction," etc., within the limits of Clarke county. Under provisos in the act, exceptions from the prohibition are made in favor of the use of wine for sacramental, social, and domestic purposes, and the use of liquors under certain conditions by physicians. This indictment charges that the defendant "did unlawfully sell, give away, or otherwise dispose...
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...it uncertain. 37 Ark. 408. Is dicta merely. The modern cases permit the disjunctive to be used in cases like this. 134 La. 178; 90 Va. 92; 135 Ala. 61; 48 Ark. 40; 5 West Va. 508; 109 864; 35 S.W. 543; 6 McLean 182; 10 A. & E. Enc. L. 16 (h); 80 N.C. 472; Wharton Cr. Pl. & Pr., par. 252; Bi......
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