Powell v. State

Decided June 15, 1855

Supreme Court of Alabama · decided 1855-06-15

Tried before the Hon. EdmüNd W. Pettus. This indictment charged, that the defendant, James Powell, “ before the finding of this indictment, sold, gave, or delivered to a slave named John, belonging to Berry Pippin, vinous or spirituous liquors, without an order in writing, signed by the overseer or master o.f such slave, specifying the quantity to be sold, given, or delivered; against the peace,” &c. The bill of exceptions states that “ the evidence tended to show that the…

Cited by 2 later decisions — most recently January 1863

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1855-06-15

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RICE, J.

¶1Where the overseer of a slave goes to a house where spirituous liquiors are kept for sale, and tells the keeper that he will send the slave for a specified quantity of a particular quality, and goes off and sends the. slave with a jug for the same ; and thereupon the keeper puts it in the jug, and delivers it to the slave, — the transaction is, in legal contemplation, the sale and delivery of the liquor to the overseer. The slave, in such case, is merely the instrument of the overseer. Such a transaction is not a sale, gift, or delivery of spirituous liquor to 'a slave, within the meaning of section 8243 of the Code, and is lawful without any order in writing.

¶2The court below erred, therefore, in the charge given, and in refusing the charge asked.

¶3Judgment reversed, and cause remanded.