Swope v. State
Alabama Court of Appeals
Violating Prohibition Law. Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. John Swope was convicted of violating the prohibition law, and he appeals. The witness against the defendant was himself an accomplice and defendant could not be convicted on his uncorroborated testimony. —Clark’s Criminal Law, 99; Encyc. of Evi. 98; Marler v. The Plate, 67 Ala.
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Violating Prohibition Law. Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. John Swope was convicted of violating the prohibition law, and he appeals. The witness against the defendant was himself an accomplice and defendant could not be convicted on his uncorroborated testimony. —Clark’s Criminal Law, 99; Encyc. of Evi. 98; Marler v. The Plate, 67 Ala. S. C. 68 Ala. 580. The defendant-ought not to be convicted under the evidence, and was therefore entitled to the affirmative charge. — Morgan v. The State, 81 Ala. 72; Campbell v. The State, 79 Ala. 271.
1Opinion of the CourtThomas, J.
Section 33 of the act commonly known as the Fuller Bill (Acts Sp. Sess. 1909, p. 94) provides: “That any person who shall act as agent or assisting friend of the seller or buyer in procuring an unlawful sale of any prohibited liquors and beverages shall be punished as if he had sold said prohibited liquors and beverages, and conviction shall be had of such agent or assisting friend upon indictment, affidavit, or complaint against him for selling prohibited liquors and beverages contrary to law.”
A similar statute is found in section 7363 of the Code of 1907, which has been several times…
2Cases cited6 opinions
- Morgan v. StateSupreme Court of Alabama · 1886
- Campbell v. StateSupreme Court of Alabama · 1885
- Rayfield v. StateSupreme Court of Alabama · 1910
- Miller v. StateSupreme Court of Alabama · 1910
- Vernon v. StateSupreme Court of Alabama · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Vaughn v. StateAlabama Court of Appeals · 1920
- Bridgeforth v. StateAlabama Court of Appeals · 1916
- Wilburn v. StateCourt of Criminal Appeals of Alabama · 1989
- Bridgeforth v. StateAlabama Court of Appeals · 1916
- Witt v. StateAlabama Court of Appeals · 1945