Moore v. State

140 So. 764, 25 Ala. App. 71, 1932 Ala. App. LEXIS 80

Opinion

BRICKEN, P. J.

This appellant was tried and convicted for violating the Prohibition Law (Code, §■ 4615 et seq.) by having whisky in his possession. He appealed to this court. The case-involves a question -of fact only. The refusal to direct a verdict for defendant is the only point of decision for determination. There was some evidence tending to make out a case against the defendant for the offense charged. This being true, the court was without authority to direct a verdict in his behalf; hence in the refusal of the affirmative charge there was no error. Ode Grimes v. State, 24 Ala. App. 378, 135 So. 652.

Affirmed.