Beasley v. State

Alabama Court of Appeals

Beasley v. State

115 So. 290, 22 Ala. App. 314, 1928 Ala. App. LEXIS 22

CourtAlabama Court of Appeals

DecidedJanuary 31, 1928

Docket7 Div. 395.

StatusPublished

Cited by1 cases

This text of 115 So. 290 (Beasley 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

Beasley v. State, 115 So. 290, 22 Ala. App. 314, 1928 Ala. App. LEXIS 22 (Ala. Ct. App. 1928).

Pincite

Opinion

SAMFORD, J.

Testimony as to the physical conditions of defendant’s wife was properly excluded. Under the prohibition laws as they now stand in this state, no person is allowed to possess whisky for medicinal purposes.

The testimony as to certain cans having been found on defendant’s premises was illegal, and, when it was ascertained that there was no connection between the cans and the whisky found in the smokehouse, the court excluded all of that testimony. This cured any error.

It was proper to admit testimony as to a quantity of wine having been found in the smokehouse at the time the quart of whisky was found. Under the statute, a person may possess five gallons of wine under certain circumstances, but the exception is defensive matter.

We find no error of a prejudicial nature, and the judgment is affirmed.

Affirmed.

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