Tarkins v. State
Cases that cite this one
3 later published cases cite this decision.
- Noltey v. State (Ala. 1932)
- Whaley v. State (Ala. Ct. App. 1915)
- Smith v. State (Ala. 1908)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.