Allen v. State

Alabama Court of Appeals

Allen v. State

122 So. 919, 23 Ala. App. 602

CourtAlabama Court of Appeals

DecidedMay 7, 1929

Docket8 Div. 709.

StatusPublished

This text of 122 So. 919 (Allen 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

Allen v. State, 122 So. 919, 23 Ala. App. 602 (Ala. Ct. App. 1929).

Pincite

Opinion

BRICKEN, P. J.

From a judgment of conviction- for the offense of violating the prohibition law by having whisky in his possession, this appeal was taken. It is earnestly insisted by appellant that the evidence was insufficient upon which ,to predicate the verdict of guilty.

We note there is no conflict in the evidence, and we are of the opinion that the incriminating facts and circumstances disclosed by the undisputed evidence are two numerous to authorize or warrant the court below to take the case from the jury as requested by defendant in writing. We think this evidence presented a jury question, and, as no injurious error appears in any of the court’s rulings, this court will not disturb the judgment of conviction pronounced and entered.

Affirmed.

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BRICKEN, P. J.

From a judgment of conviction- for the offense of violating the prohibition law by having whisky in his possession, this appeal was taken. It is earnestly insisted by appellant that the evidence was insufficient upon which ,to predicate the verdict of guilty.

We note there is no conflict in the evidence, and we are of the opinion that the incriminating facts and circumstances disclosed by the undisputed evidence are two numerous to authorize or warrant the court below to take the case from the jury as requested by defendant in writing. We think this evidence presented a jury question, and, as no injurious error appears in any of the court’s rulings, this court will not disturb the judgment of conviction pronounced and entered.

Affirmed.

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Bluebook (online)

122 So. 919, 23 Ala. App. 602, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-v-state-alactapp-1929.