Ledbetter v. State

Supreme Court of Alabama

Ledbetter v. State

143 Ala. 52

CourtSupreme Court of Alabama

DecidedNovember 15, 1904

StatusPublished

Cited by1 cases

This text of 143 Ala. 52 (Ledbetter v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ledbetter v. State, 143 Ala. 52 (Ala. 1904).

Pincite

Opinion

ANDERSON, J.

The evidence in this case afforded a strong inference that the defendant sold the liquor,' and we think the trial court properly convicted him.

This conclusion is not in conflict with DuBoise v. State, 87 Ala. 101, which seems to be relied upon by the defendant. This Court held in that case that the trial court erred in giving the affirmative charge for the State, and that, if defendant’s evidence was true, he was not guilty, simply reversing the case in order that the jury might determine whether or not his evidence was true.

In the case at bar, the court tried the case without a jury and thus passed upon the evidence as well as the law, and did not believe the defendant’s evidence— neither does this Court.

Affirmed.

Haralson, Tyson, and Dowdell, J. J., concurring.

Free access — add to your briefcase to read the full text and ask questions with AI

ANDERSON, J.

The evidence in this case afforded a strong inference that the defendant sold the liquor,' and we think the trial court properly convicted him.

This conclusion is not in conflict with DuBoise v. State, 87 Ala. 101, which seems to be relied upon by the defendant. This Court held in that case that the trial court erred in giving the affirmative charge for the State, and that, if defendant’s evidence was true, he was not guilty, simply reversing the case in order that the jury might determine whether or not his evidence was true.

In the case at bar, the court tried the case without a jury and thus passed upon the evidence as well as the law, and did not believe the defendant’s evidence— neither does this Court.

Affirmed.

Haralson, Tyson, and Dowdell, J. J., concurring.

Cite This Page — Counsel Stack

Bluebook (online)

143 Ala. 52, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ledbetter-v-state-ala-1904.

Opinion

Related

Cite This Page — Counsel Stack