Sparks v. State
Alabama Court of Appeals
Appeal from Circuit Court, Cullman County; Robert C. Brickell, Judge. Hubert Sparks was convicted of possessing prohibited liquors, and he appeals. It is an abuse of judicial discretion for the trial court to refuse to put all officers, except the sheriff, under rule.
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Appeal from Circuit Court, Cullman County; Robert C. Brickell, Judge. Hubert Sparks was convicted of possessing prohibited liquors, and he appeals. It is an abuse of judicial discretion for the trial court to refuse to put all officers, except the sheriff, under rule. Counsel argues for a reversal for the statements made by the solicitor that “all the facts and circumstances of this case show the defendant is a bootlegger,” and that “the argument of defendant’s attorney sounded like the argument of a bootlegger’s lawyer.” 16 Ala. App. 61, 75 South. 267; 74 Ala. 386; 17 Ala. App. 178, 84…
1Opinion of the CourtSamford, J.
[1] It has many times been held that the trial judge has a discretion as to whether witnesses in criminal as well as civil cases shall be put under the rule. Where this discretion is not abused, appellate courts will not review such rulings. Webb v. State, 100 Ala. 47, 14 South. 865.
[2, 3] It is contended that the court erred in admitting-testimony showing a trapdoor, in the floor of the room where the whisky was found. No whisky having been found in the receptacle reached by the 'trapdoor, this testimony was immaterial; but no objection appears to have been made to the question calling for…
2Cases cited5 opinions
- Birmingham Railway, Light & Power Co. v. GonzalezSupreme Court of Alabama · 1913
- Webb v. StateSupreme Court of Alabama · 1893
- Baxley v. StateAlabama Court of Appeals · 1921
- Montgomery v. StateAlabama Court of Appeals · 1921
- Fearn v. StateAlabama Court of Appeals · 1921
3Cited by2 opinions
- Zorn v. StateAlabama Court of Appeals · 1924
- Henderson v. StateAlabama Court of Appeals · 1951