Adams v. State

123 So. 922, 23 Ala. App. 600
CourtAlabama Court of Appeals
DecidedMay 28, 1929
Docket5 Div. 747.
StatusPublished

This text of 123 So. 922 (Adams v. State) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Adams v. State, 123 So. 922, 23 Ala. App. 600 (Ala. Ct. App. 1929).

Opinion

BRICKEN, P. J.

This appellant was charged by indictment with a violation of the prohibition law (Code 1923, § 4615 et seq.) by having in his possession prohibited liquors. The jury fixed his fine at 8500, to which the court added four months’ hard labor for the county.

During the entire trial no exception was reserved to any ruling of the court upon the admission of evidence. However, the affirmative charge was requested by the defendant and refused, and this presents the only point of decision for consideration by this court, as the ruling of the court below on the motion for new trial is not presented. Stover v. State, 204 Ala. 311, 85 So. 393.

Under the evidence in this case the affirmative charge was properly refused, as a jury question was presented. There was ample evidence, in our opinion, to submit the question of the guilt or innocence of the accused 'to the jury. It was sufficient to support the judgment of conviction pronounced and entered.

The record appears^ regular in all things. Let the judgment of conviction, from which this appeal was taken, stand affirmed.

Affirmed.

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Related

Stover v. State
85 So. 393 (Supreme Court of Alabama, 1920)

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Bluebook (online)
123 So. 922, 23 Ala. App. 600, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-v-state-alactapp-1929.