48 So. 490 | Ala. | 1909
This appeal is prosecuted by the defendant, John Yung, from a judgment of conviction in the city court of Montgomery, on an indictment preferred under an act of the Legislature approved August 2, 1907 (Gen. Acts 1907, p. 518), and entitled an act “To further regulate the opening, closing and operating saloons, and giving away or selling spirituous, vinous or malt liquors under a license from the state, and to punish the violation thereof.” The act was adopted into the Code of 1907 as article 3, c. 248, p. 773, Or. Code 1907, embracing sections 7378-7382, inclusive. The indictment followed the form prescribed in the act, and hence ivas not subject to the grounds of demurrer assailing its sufficiency in this respect. The first section, among things, makes it unlawful “to have open or to admit any one or more persons into the house or place
The undisputed evidence was that the defendant ran a restaurant, in which he also conducted a bar where spirituous liquors were retailed under a license from the state. The front door of his place of business was open within the prohibited hours; a servant being at
Reversed and remanded.