Smith v. State
Alabama Court of Appeals
Appeal from Circuit Court, Talladega County; I-I. D. Merrill, Judge. Hugo Smith was convicted of violating the prohibition law, and he appeals. The sheriff of Talladega county and two revenue officers arrested Hugo. Smith and Grady Walker as they were driving along a road in a buggy and found some whisky that Grady Walker had thrown out of the buggy.
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Appeal from Circuit Court, Talladega County; I-I. D. Merrill, Judge. Hugo Smith was convicted of violating the prohibition law, and he appeals. The sheriff of Talladega county and two revenue officers arrested Hugo. Smith and Grady Walker as they were driving along a road in a buggy and found some whisky that Grady Walker had thrown out of the buggy. Smith was not seen with any whisky, and Walker testified that he had the whisky in his pocket when Smith caught up with him and when he got into Smith’s buggy. There was some evidence tending to show that in 'the buggy were some grate bars,…
1Opinion of the Court
After a careful examination of the entire record in this case, the testimony as shown by the bill of exceptions, this court is of the opinion that the trial court erred in refusing to grant to the defendant a new trial as prayed in his motion.
For this error, the judgment is reversed, and the cause is remanded.
Reversed and remanded.
On Rehearing.
On application for rehearing made by the Attorney General, our attention is called to the fact that the motion for a new trial was made in the court below after the cause had been removed from the circuit court by appeal. That court had no jurisdiction…
2Cases cited2 opinions
- De Bardeleben v. StateAlabama Court of Appeals · 1918
- Hudson v. Bauer Grocery Co.Supreme Court of Alabama · 1894
3Cited by6 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Thompson v. StateAlabama Court of Appeals · 1946
- Dorsey v. StateAlabama Court of Appeals · 1924
- Gandy v. City of BirminghamAlabama Court of Appeals · 1943
- Lewis v. MartinSupreme Court of Alabama · 1923
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