Tonsey v. State

• Decision Date: 06 June 1907
• Citation: 44 So. 183,151 Ala. 83
• Parties: TONSEY v. STATE.
• Court: Alabama Supreme Court

44 So. 183

151 Ala. 83

TONSEY v. STATE.

Supreme Court of Alabama

June 6, 1907

Appeal from City Court of Montgomery; W. H. Thomas, Judge.

Tom Tonsey was convicted of violating the liquor law, and appeals. Affirmed.

Mark D. Brainard, for appellant.

Alexander M. Garber, Atty. Gen., for the State.

DOWDELL, J.

The indictment was in Code form. Under the indictment a sale made in violation of a local law could be shown. Section 5077, Cr. Code 1896; Olmstead v. State, 89 Ala. 16, 7 So. 775; Ulmer v. State, 61 Ala. 208; Sills v. State, 76 Ala. 92.

The demurrer to the indictment was properly overruled. This being the only question presented on the record, the judgment appealed from is affirmed.

Affirmed.

TYSON, C.J., and ANDERSON and McCLELLAN, JJ., concur.