Roper v. State

SAMFORD, Judge.

The charge was made by affidavit signed by a deputy sheriff and, under a local law applicable to Chilton and Madison coun ties, the warrant 'was issued returnable to the circuit court.

The evidence for the state, which was positively denied by defendant and his witnesses, tended to prove that defendant was seen behind an icehouse in Clanton taking a drink of whisky from a pint bottle, after which he handed it to a friend there, who, on seeing the officer, threw the bottle away, which, on being recovered by the officer, was found to be about two-thirds full of white whisky. The…