Winter v. State
Supreme Court of Alabama
Appeal from Cherokee Circuit Court. Tried before Hon. J. A. Bilbro. The appellant ivas tried and convicted under an indictment which charged that “Joe Winter did sell or give nway spirituous, vinous or malt liquors within five miles of the Methodist church house located in the town of Center in Cherokee county, Alabama, against the peace and dignity of the State of Alabama.” testified that in Cherokee county, and within twelve months before the finding of this indictment, he…
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Appeal from Cherokee Circuit Court. Tried before Hon. J. A. Bilbro. The appellant ivas tried and convicted under an indictment which charged that “Joe Winter did sell or give nway spirituous, vinous or malt liquors within five miles of the Methodist church house located in the town of Center in Cherokee county, Alabama, against the peace and dignity of the State of Alabama.” testified that in Cherokee county, and within twelve months before the finding of this indictment, he went to the house of the defendant one morning for whiskey; that on reaching the house he found the defendant lying on…
1Opinion of the CourtMcCLELLAN, C. J.
— That part of the court’s general charge to the jury to which an exception was reserved is confused, and standing by itself might possibly have been construed by the jury into a meaning involving an unsound statement of law unfavorable to the defendant; but when it is taken in connectipn with its context, the parts which preceded and followed it and in connection with which it was given, it seems clear that the law was properly stated and that no room was left for a construction by the jury of the particular part which would have rendered it erroneous and prejudicial. And, as has been often…
2Cited by13 opinions
- Lacey v. StateAlabama Court of Appeals · 1915
- Gordon v. StateSupreme Court of Alabama · 1903
- Thomas v. StateSupreme Court of Alabama · 1907
- Mobile Light & R. R. v. Walsh, C.Supreme Court of Alabama · 1906
- Bullington v. StateAlabama Court of Appeals · 1915
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