Rogers v. State

Alabama Court of Appeals

Rogers v. State

73 So. 994, 15 Ala. App. 483, 1917 Ala. App. LEXIS 20

CourtAlabama Court of Appeals

DecidedJanuary 30, 1917

StatusPublished

Cited by2 cases

This text of 73 So. 994 (Rogers 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.

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Rogers v. State, 73 So. 994, 15 Ala. App. 483, 1917 Ala. App. LEXIS 20 (Ala. Ct. App. 1917).

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Opinion

PELHAM, P. J.—

(1) The indictment, charging that the defendant sold, offered for sale, kept for sale, or otherwise disposed of prohibited liquors, was sufficiently broad to cover and charge an offense under section 33 of the act approved January 23, 1915. See Acts 1915, p. 34, § 33; Bush v. State, 12 Ala. App. 260, 67 South. 847; Harrison v. State, 13 Ala. App. 354, 69 South. 383; Arrington v. State, 13 Ala. App. 359, 69 South. 385.

(2) The undisputed and direct evidence, as well as the defendant’s own admission, was to the effect that the defendant was guilty of committing the offense prohibited by section 33 of the act referred to and cited in the first paragraph, without affording an adverse inference; and the court cannot be put in error for giving the general charge, with proper hypothesis, requested by the state against the defendant. — Jones v. State, 96 Ala. 56, 11 South. 192; Johnson v. State, 91 Ala. 70, 9 South. 71; Olmstead v. State, 89 Ala. 16, 7 South. 775.

(3) There was only one act or transaction shown by the evidence and the commission of but one offense, and there was no occasion for an election. — Boice v. State, 10 Ala. App. 100, 65 South. 83; McCullough v. State, 63 Ala. 75.

The court committed no error in refusing the special instructions requested by the defendant.

Affirmed.

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PELHAM, P. J.—

(1) The indictment, charging that the defendant sold, offered for sale, kept for sale, or otherwise disposed of prohibited liquors, was sufficiently broad to cover and charge an offense under section 33 of the act approved January 23, 1915. See Acts 1915, p. 34, § 33; Bush v. State, 12 Ala. App. 260, 67 South. 847; Harrison v. State, 13 Ala. App. 354, 69 South. 383; Arrington v. State, 13 Ala. App. 359, 69 South. 385.

(2) The undisputed and direct evidence, as well as the defendant’s own admission, was to the effect that the defendant was guilty of committing the offense prohibited by section 33 of the act referred to and cited in the first paragraph, without affording an adverse inference; and the court cannot be put in error for giving the general charge, with proper hypothesis, requested by the state against the defendant. — Jones v. State, 96 Ala. 56, 11 South. 192; Johnson v. State, 91 Ala. 70, 9 South. 71; Olmstead v. State, 89 Ala. 16, 7 South. 775.

(3) There was only one act or transaction shown by the evidence and the commission of but one offense, and there was no occasion for an election. — Boice v. State, 10 Ala. App. 100, 65 South. 83; McCullough v. State, 63 Ala. 75.

The court committed no error in refusing the special instructions requested by the defendant.

Affirmed.

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73 So. 994, 15 Ala. App. 483, 1917 Ala. App. LEXIS 20, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rogers-v-state-alactapp-1917.

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