Wright v. State
Alabama Court of Appeals
Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. Alf Wright if as convicted of an unlawful sale of intoxicating liquors and he appeals.
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Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. Alf Wright if as convicted of an unlawful sale of intoxicating liquors and he appeals. Punishment should not be by piecemeal. — Newton v. Stae, 94 Ala. 431; Sec. 22, Acts 1900-1, 117. The judgment was indefinite, and incorrect. — Sec. 7635, Code 1907; Bradley v. Stae, 69 Ala. 318. On the evidence, the defendant should have been discharged. — DuBo.se v. State, 28 South. 656; Gillam v. State, 71 Ala. 10; Summers v. Stae, 70 Ala. 16. Counsel discusses the errors insisted upon, but without citation of authority.
1Opinion of the Court
WALKER, P. J. —
The finding of guilt made by the trial court sitting without a jury was supported by the direct testimony of one witness as to the sale of whisky to him by the defendant, and some corroboration of this testimony was furnished by that of other witnesses for the state. The circumstances brought out on the cross-examination of the principal witness for the state went to the credibility and weight of his testimony, and did not show the existence of a legal obstacle to the court’s basing its finding upon the truth of it. It is not made to appear by the record that that finding was…
2Cited by2 opinions
- Wright v. StateAlabama Court of Appeals · 1915
- Tuggle v. StateAlabama Court of Appeals · 1924