Riggs v. State Ex Rel. Jones

Supreme Court of Alabama

Riggs v. State Ex Rel. Jones

115 So. 1, 217 Ala. 102, 1927 Ala. LEXIS 357

CourtSupreme Court of Alabama

DecidedDecember 22, 1927

Docket4 Div. 324.

StatusPublished

Cited by6 cases

This text of 115 So. 1 (Riggs v. State Ex Rel. Jones) 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

Riggs v. State Ex Rel. Jones, 115 So. 1, 217 Ala. 102, 1927 Ala. LEXIS 357 (Ala. 1927).

Pincite

Opinion

BOULDIN, J.

The rules of evidence in civil actions govern in proceedings- in the name of the state for condemnation of vehicles used in the transportation of prohibited liquors. 33 C. J. p. 687; Dowda v. State, 203 Ala. 441, 83 So. 324; Toole v. State, 170 Ala. 41, 54 So. 195.

No predicate was required for the introduction of the declarations of the owner tending to connect him with the illegal act. They are admissible as declarations against interest in civil actions, not as confessions in criminal prosecutions.

Evidence of good character of the owner and claimant in the proceeding, either *103 generally or as regards handling and dealing in liquors, was properly rejected. Drummond v. Drummond, 212 Ala. 242, 102 So. 112, 114; Greenwood Café v. Walsh, 15 Ala. App. 519, 74 So. 82; 22 C. J. p. 473, § 564.

That liquors were being transported in the car, and that the owner was in the car at the time is not denied. The evidence fully supports the charge that the owner was participating, or was acquiescing in such transportation by his friend and traveling companion.

Affirmed.

ANDERSON, C. J., and SAYRE and GARDNER, JJ., concur.

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