Rosenberg v. State
Alabama Court of Appeals
Appeal from Dallas Circuit Court. Heard before Hon. B. M. Miller. Sam Rosenberg was convicted of violating the prohibition law, and he appeals. The indictment charges that before the finding of this indictment Sam Rosenberg sold spirituous, vinous, or malt liquors, without a license and contrary to law.
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Appeal from Dallas Circuit Court. Heard before Hon. B. M. Miller. Sam Rosenberg was convicted of violating the prohibition law, and he appeals. The indictment charges that before the finding of this indictment Sam Rosenberg sold spirituous, vinous, or malt liquors, without a license and contrary to law. The following charges were refused to the defendant: (31) “The court charges the jury that, unless you believe from the evidence in this case beyond all reasonable doubt that the defendant participated in the act of selling the bottle of beer by the negro to the witness Russell, then you must…
1Opinion of the Court
PELHAM, J. —
The defendant was convicted of a violation of the prohibition laws.
Appellant’s counsel insist in brief on a motion to strike certain portions of the bill of exceptions. The record shows no submission on motion; nor could the court look to the ex parte affidavit attached to the brief as a part of the record, had the motion been submitted for the purpose of correcting the recitals in the transcript certified by the clerk of the court as correct.— Prinz v. Weber, 126 Ala. 146, 28 South. 10; Black v. Pate, 130 Ala. 514, 30 South. 434. If appellant considered the bill of exceptions…
2Cases cited8 opinions
- Black v. PateSupreme Court of Alabama · 1900
- Dowling v. City of TroyAlabama Court of Appeals · 1911
- Olmstead v. StateSupreme Court of Alabama · 1889
- Scott v. StateAlabama Court of Appeals · 1912
- Prinz v. WeberSupreme Court of Alabama · 1899
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Davis v. StateAlabama Court of Appeals · 1913
- Sanford v. StateAlabama Court of Appeals · 1954
- Bufford v. StateAlabama Court of Appeals · 1930
- Browning v. StateAlabama Court of Appeals · 1938
- Taggett v. City of TuscaloosaAlabama Court of Appeals · 1915