Tarkins v. State

Supreme Court of Alabama

Tarkins v. State

108 Ala. 17

CourtSupreme Court of Alabama

DecidedNovember 15, 1895

StatusPublished

Cited by4 cases

This text of 108 Ala. 17 (Tarkins v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tarkins v. State, 108 Ala. 17 (Ala. 1895).

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Opinion

BRICKELL, C. J.

The single defect in the second count of the indictment, is, the omission to aver that the sale, gift, or delivery of the liquor, or intoxicating bitters, was ‘ ‘contrary to law.” This averment is found in the form prescribed by the Code, and without it, the courtfis not informed that each of the alternatives stated in the count, is an indictable offense. — Williams v. State, 91 Ala. 14. There was error in overruling the demurrer to this count.

The judgment is reversed and the cause remanded, but the defendant will remain in custody until discharged by due course of law.

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BRICKELL, C. J.

The single defect in the second count of the indictment, is, the omission to aver that the sale, gift, or delivery of the liquor, or intoxicating bitters, was ‘ ‘contrary to law.” This averment is found in the form prescribed by the Code, and without it, the courtfis not informed that each of the alternatives stated in the count, is an indictable offense. — Williams v. State, 91 Ala. 14. There was error in overruling the demurrer to this count.

The judgment is reversed and the cause remanded, but the defendant will remain in custody until discharged by due course of law.

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Bluebook (online)

108 Ala. 17, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tarkins-v-state-ala-1895.

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