Gilchrist v. State

Alabama Court of Appeals

Gilchrist v. State

101 So. 906, 20 Ala. App. 233, 1924 Ala. App. LEXIS 252

CourtAlabama Court of Appeals

DecidedJuly 22, 1924

Docket8 Div. 171.

StatusPublished

Cited by3 cases

This text of 101 So. 906 (Gilchrist 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

Gilchrist v. State, 101 So. 906, 20 Ala. App. 233, 1924 Ala. App. LEXIS 252 (Ala. Ct. App. 1924).

Pincite

Opinion

SAMFORD, J.

The evidence in this case is to the effect that defendant possessed at least one-half pint of whisky, which he sold and delivered to the' state’s witness. This is a violation of the statute. Ex parte State ex rel., etc., v. Harbin, 210 Ala. 55, 97 So. 426.

The charge, “if there is a probability of defendant’s innocence, you should find him not guilty,” while here insisted on as error, appears from the record to have been given. Moreover, this charge has been held bad in Edwards v. State. 205 Ala. 160, 87 So. 179, and consistently since that time.

Refused charge 2 is misleading.

We find no error in the record, and the judgment is affirmed.

Affirmed.

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