Citation Numbers: 109 Ala. 1
Judges: Brickell
Filed Date: 11/15/1895
Status: Precedential
Modified Date: 7/19/2022
The indictment contains two counts. The first charges, in the alternative, that the defendant sold or gave away spirituous, or vinous, or malt liquors, or intoxicating'bitters, in Bibb County, not concluding that the sale or gift was contrary to law. The second charges a sale only of spirituous, vinous, or malt liquors, without license, and contrary to law, and against the peace and dignity of the State of Alabama, and is in the form prescribed by the Code. — Cr. Code, p. 276, Form 78.
The evidence disproved a sale, and at most proved a mere gift. Whether the gift, under the attending circumstances, was a violation of the prohibition law pre
All that need now be said, is, that the instruction given by the court was erroneous, because of the insufficiency of the first count to support a conviction.
The judgment is reversed, and the cause remanded. The defendant- will remain in custody until discharged by due course of law.