27 Ala. 660
Decided June 15, 1855
Supreme Court of Alabama · decided 1855-06-15
Tried, before the Hon. Geo. D. Shortridge. Robert Maxwell, the appellant, was indicted at the March term, 1854, for retailing without a license; the indictment charging that he “ sold vinous or spirituous liquor without a license and contrary to law”, and that he “ sold spirituous liquor to one George Taylor, a person of known intemperate habits, by the quart, without a license and contrary to law.” On the trial, as the bill of exceptions states, “ the State proved that the…
Decided 1855-06-15
¶1The Code (§ 1058) does not make the selling of vinous or spirituous liquors, in quantities greater than a quart, to a person of known intemperate habits, an offence ; and hence, upon the evidence Stated in the bill of exceptions, the charge requested should have- been given.
¶2Judgment reversed, and cause remanded. •..