50 Ala. 130 | Ala. | 1874
Tbe indictment in this case contained two counts. The first count charged, that the defendants in tbe court below, as retail dealers in vinous or spirituous liquors, ^did unlawfully evade, or attempt to evade, a compliance with
The acts above charged constitute an offence, which subjects the party or parties committing them, if found guilty, to punishment. Section 105 of the “ act to establish revenue laws for the State of Alabama,” approved December 31, 1868, declares, “ That it shall be unlawful for any person, firm, company, or corporation, to engage in or carry on any business or profession hereinafter mentioned, without first having paid for and taken out a license therefor, in the manner hereinafterv provided.” Acts 1868, pp. 297, 329, § 105. The 112th section of the same act then prescribes the prices of licenses and the businesses and professions in which they shall be required. The 4th clause of this section prescribes, “ For retailers in spirituous, vinous, or malt liquors, on any steamboat or watercraft, one hundred and seventy-five dollars; in any place not in an incorporated city, town, or village, fifty dollars; in any incorporated city, town, or village, of more than one thousand, and less than five thousand inhabitants, seventy-five dollars; in any city of over five thousand inhabitants, two hundred dollars. Any person who shall sell or dispose of spirituous, vinous, or malt liquors, in any quantity less than one quart, shall be deemed a retail dealer.” Acts, supra, p. 331, § 112, clause 4.
The admitted evidence in this case, as set out in the bill of exceptions, which consists of agreed facts, is in these words : “ That within the time covered by the indictment, and in said county, the defendants sold, on a few several occasions, case whiskey in quantities less than one quart; that defendants, during the time, were merchants and partners in said county, doing the business of general merchandising at Barnes’ Cross Roads; ” “ that defendants had no license.” This was clearly a violation of the statute above quoted. The court so charged. There was no error in this.
Upon this charge, the defendants w#ere found guilty by the jury, and a fine was assessed against them for one hundred and
But, in this prosecution, it appears that the retailing was in quantities less than a quart, without a license. This is an offence under section 3618 of the Revised Code, which is necessarily included in that which is here charged. On conviction for such a violation of the criminal law, a fine may be imposed of not less than fifty nor more than five hundred dollars. Rev. Code, §§ 4199, 3618. Then, the fine imposed is not improper under the included offence.
The judgment is, therefore, affirmed.