Faucett v. State

124 So. 921, 23 Ala. App. 626

Opinion

SAMFORD, J.

Defendant was convicted of unlawfully transporting whisky in quantities in excess of five gallons.

This record presents a plain, simple question of fact. The deputy sheriff, testifying as a witness for the state, says he did; the defendant, testifying as a witness, says he did not. The jury, weighing all the facts, found the defendant guilty.

Under the plainest rules governing such cases the appellate court would not be justi-

fied in disturbing the verdict. There is no error in the record, and the judgment is affirmed.

Affirmed.