Powell v. State

Decided December 15, 1879

Supreme Court of Alabama · decided 1879-12-15

From the Circuit Court of Wilcox. Tried before tbe Hon. John K. Henry. The indictment in this case was found in May, 1879, and charged that the defendant, “ not having first procured a license as a retailer from a-proper legal authority, did sell vinous or spirituous liquors, which was drunk on or about the premises.” The defendant pleaded not guilty, and issue was joined on that plea.

Cited by 3 later decisions — most recently November 1892

3 state decisions

Relies on Pearce v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1879-12-15

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STONE, J.-

¶1We feel constrained to affirm the judgment in this case, on the authority of Pearce v. The State, 40 Ala. 720, from which we do not feel at liberty to depart. The sentence is heavy, if not oppressive, owing to the very large bill of costs taxed, for which it is difficult to account on any theory, other than that there must have been an unusual number of witnesses for so small a case. We suggest that, in our opinion, this is a case for executive clemency, at least, for a part of the punishment ordered.

¶2The judgment.is affirmed.