McCain v. State

Alabama Court of Appeals

McCain v. State

7 So. 2d 320, 30 Ala. App. 424, 1942 Ala. App. LEXIS 65

CourtAlabama Court of Appeals

DecidedMarch 3, 1942

Docket8 Div. 160.

StatusPublished

Cited by1 cases

This text of 7 So. 2d 320 (McCain 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

McCain v. State, 7 So. 2d 320, 30 Ala. App. 424, 1942 Ala. App. LEXIS 65 (Ala. Ct. App. 1942).

Pincite

Opinion

SIMPSON, Judge.

This appeal is from the Jackson County Court. Act No. 647, Local Acts of Alabama, 1939, Section 29, page 375.

Trial below was without a jury and resulted in the conviction of appellant for a violation of the prohibition law. According to the testimony of the agent of the Alcoholic Beverage Control Board, witness for the prosecution, she was guilty. Her evidence tended to support her claim of innocence.

It was within the province of the trial court, who saw and heard the witnesses, to appraise their testimony. The weight and credibility of the evidence, under such circumstances, were exclusively for that court. Winchester v. State, ante, p. 26, 200 So. 571; Northington v. State, ante, p. 48, 200 So. 570.

We cannot say that the conclusion of the trial court was clearly wrong or so contrary to the weight of the evidence as to be manifestly unjust, so the judgment is affirmed. 7 Alabama Digest, Criminal Law, «=> 1159(2).

Affirmed.

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