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3 Ala. 102

State v. Whitted

Supreme Court of Alabama

Decided June 15, 1841

Supreme Court of Alabama · decided 1841-06-15

Question referred by' the Circuit Court of Wileo-x county, as-novel and difficult. THE defendant was indicted for retailing, and convicted on an indictment charging the offence, in selling spirituous liquors, to wit: rum, brandy, whiskey and gin, in less quantities than one quart, to one James Gamble, and divers other persons, without first having obtained & licence from the County Court of Wilcox county, for that purpose. It- was moved in arrest of judgment: 1.

Good law ✅— No negative treatment on recordhow we know

Decided 1841-06-15

How this case has been cited

Cited by 4 later decisions — most recently April 1924

4 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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GOLDTHWAITE, J.

¶1The form pursued in this indictment, has been in use from the first organization of the State, and therefore, it is not improbable that this precise question has been made and decided upon every circuit in South Alabama, for the last twenty years ; but notwithstanding, the universality of this- precedent,- we are now called on to decide it as a novel and difficult question.

¶2On the merits of the question referred, it may be- said that the selling of any of the liquors named, would be an offence; but there is no more reason why an offender should be indicted *103separately for each, than there would to charge a thief, who had stolen a suit of clothes, in separate counts for the coat, waistcoat, &c.

¶3Let the judgment be affirmed, and certified to the Circuit Court as free from error.

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