Lemons v. State

Alabama Court of Appeals

Lemons v. State

117 So. 925, 22 Ala. App. 679

CourtAlabama Court of Appeals

DecidedMay 22, 1928

Docket6 Div. 339.

StatusPublished

This text of 117 So. 925 (Lemons 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

Lemons v. State, 117 So. 925, 22 Ala. App. 679 (Ala. Ct. App. 1928).

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Opinion

BRICKEN, P. J.

The evidence in this case was sufficient to establish the corpus delicti, and the trial court properly so held. The question of the guilt or innocence of the accused was for the jury. The finding of the contraband beverage, home brew, containing alcohol, and which also, as shown by the evidence, smelled and tasted and looked like' lager beer, coupled with the voluntary statement of defendant that “he found my home brew,” also, “I want you to take care of my bottles; I would like to have them back,” were all questions for the jury. The defendant insisted that in making these statements he was only joking. Whether he was joking or not was for the jm-y to determine, and the result of their verdict no doubt had the tendency to impress upon defendant that the “joke” was a serious one for him. No error appears in the trial of this ease, and the judgment of conviction, from which this appeal was taken, is affirmed. Affirmed.

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BRICKEN, P. J.

The evidence in this case was sufficient to establish the corpus delicti, and the trial court properly so held. The question of the guilt or innocence of the accused was for the jury. The finding of the contraband beverage, home brew, containing alcohol, and which also, as shown by the evidence, smelled and tasted and looked like' lager beer, coupled with the voluntary statement of defendant that “he found my home brew,” also, “I want you to take care of my bottles; I would like to have them back,” were all questions for the jury. The defendant insisted that in making these statements he was only joking. Whether he was joking or not was for the jm-y to determine, and the result of their verdict no doubt had the tendency to impress upon defendant that the “joke” was a serious one for him. No error appears in the trial of this ease, and the judgment of conviction, from which this appeal was taken, is affirmed. Affirmed.

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Bluebook (online)

117 So. 925, 22 Ala. App. 679, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lemons-v-state-alactapp-1928.