Howle v. State
Alabama Court of Appeals
Appeal from Gadsden City Court. Heard'before Hon. John H. Disque. James T. Howie was convicted of violating the prohibition law and he appeals.
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Appeal from Gadsden City Court. Heard'before Hon. John H. Disque. James T. Howie was convicted of violating the prohibition law and he appeals. No venne was shown, and hence, defendant was entitled to the affirmative charge. — Smith v. The State, 118 Ala. 121; Dentler v. The State, 112 Ala. 70; Randolph v. The State, 100 Ala. 141. The court erred in allowing proof of other sales and of other searches and seizures. — Cost v. The State, 96 Ala. 61; Wilson v. The State, 186 Ala. 117; McClure v. The State, 148 Ala. 628. The court erred in allowing testimony as to the finding of liquor in the…
1Opinion of the CourtPelham, J.
The defendant was tried and convicted for a violation of the prohibition laws, and the indictment contains three counts, charging that the defendant sold, offered for sale, or otherwise disposed of, prohibited liquors. The state did not rely upon proving a direct sale, but the evidence of the state tended to show that one Tarvin acted as the medium or “friend,’'1 through whom the sale was made to one Thompson; the contention upon the part of the state being that Tarvin Avas acting as the agent or assisting friend of the defendant, Howie, in making the unlawful sale to Thompson. The defendant,…
2Cases cited6 opinions
- McIntosh v. StateSupreme Court of Alabama · 1903
- Untreinor v. StateSupreme Court of Alabama · 1906
- Guarreno v. StateSupreme Court of Alabama · 1906
- Scott v. StateSupreme Court of Alabama · 1907
- Sellers v. StateSupreme Court of Alabama · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Barefield v. StateAlabama Court of Appeals · 1916
- Moss v. StateAlabama Court of Appeals · 1912
- Denham v. StateAlabama Court of Appeals · 1921