Henley v. State
Alabama Court of Appeals
Appeal from Andalusia City Court. Heard before Hon. A. L. Rankin. L. W. Henley was convicted of violating the prohibition law and he appeals. The court erred in permitting it to be shown that whisky was carried between Andalusia and Falco, as it was not shown that defendant had anything to do with it, or that the whisky alleged to have been sold was a part of this whisky. — Wells Atoms.
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Appeal from Andalusia City Court. Heard before Hon. A. L. Rankin. L. W. Henley was convicted of violating the prohibition law and he appeals. The court erred in permitting it to be shown that whisky was carried between Andalusia and Falco, as it was not shown that defendant had anything to do with it, or that the whisky alleged to have been sold was a part of this whisky. — Wells Atoms. Go. v. Means, 56 South. 594. The evidence discloses that the defendant was merely an assisting friend, and under that section under which the indictment was drawn, he is entitled to the affirmative charge. —…
1Opinion of the CourtPelham, J.
The affidavit charging the defendant,, who prosecutes this appeal, with having sold spirituous, vinous, or malt liquors without a license and contrary to law, was issued and filed on the 9th day of July, 1907, and the defendant was tried on August 28, 1911. The state introduced two witnesses on the trial of the case on issue formed by defendant’s, plea of “not guilty,”' who testified to facts showing a purchase by them of' whisky from the defendant. One of the witnesses testified that he bought the whisky from the defendant and paid him $1.25 for it. The other witness testified that *217he…
2Cases cited5 opinions
- Burton v. StateSupreme Court of Alabama · 1894
- Goodwin v. StateSupreme Court of Alabama · 1893
- McKinney v. StateSupreme Court of Alabama · 1901
- Tinker v. StateSupreme Court of Alabama · 1892
- Wells Amusement Co. v. MeansAlabama Court of Appeals · 1911
3Cited by3 opinions
- McCary v. StateAlabama Court of Appeals · 1958
- Minton v. StateAlabama Court of Appeals · 1924
- Coates v. StateAlabama Court of Appeals · 1912