Foshee v. State
Alabama Court of Appeals
Appeal from Chiltou Circuit Court. Heard before Hon. W. W. Peakson. Joe Foshee was convicted of violating the prohibition law, and he appeals. There was no preliminary testimony to show the corpus delicti, and the court was in error in admitting the alleged conversation between defendant and Edwards. — Smith v. State, 133 Ala. 150; Tolliver v. State, 142 Ala. 1. The evidence was not sufficient to support a conviction. — Old-acre v. State, 5 Ala.
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Appeal from Chiltou Circuit Court. Heard before Hon. W. W. Peakson. Joe Foshee was convicted of violating the prohibition law, and he appeals. There was no preliminary testimony to show the corpus delicti, and the court was in error in admitting the alleged conversation between defendant and Edwards. — Smith v. State, 133 Ala. 150; Tolliver v. State, 142 Ala. 1. The evidence was not sufficient to support a conviction. — Old-acre v. State, 5 Ala. App. 187. There was no proof of agency except the testimony of the ag'ent himself.— Cook v. The State, 1 Ala. App. 224; Union & S. Co. v. Pugh, 156…
1Opinion of the Court
WALKEB, P. J. —
One who Avas the porter of a train on which there was evidence tending to prove that the defendant Avas a passenger testified that, at the request of a passenger on the train, who was a stranger to him, he set off tAvo suit cases at Felacto, a station near Clanton. When this Avitness saw the defendant during the trial he stated that he did not know whether he Avas the person who had him to put off the two suit cases. There was other evidence tending to prove that on the day before this occurred the defendant engaged a liveryman in Clanton to meet that train at Felacto Avith a…
2Cases cited1 opinion
- Preist v. StateAlabama Court of Appeals · 1912
3Cited by5 opinions
- Bush v. StateAlabama Court of Appeals · 1915
- Carmichael v. StateAlabama Court of Appeals · 1914
- Hodge v. StateAlabama Court of Appeals · 1914
- Ogden v. StateAlabama Court of Appeals · 1916
- Watson v. StateAlabama Court of Appeals · 1914