Legal Opinion

Freeney v. City of Jasper

Alabama Court of Appeals

Decided May 13, 1913PublishedCited by 5 opinions

Appeal from Walker Circuit Court. Heard before Hon. J. J. Curtis. From a conviction in the Recorder’s Court of the city of Jasper, for violating the prohibition law, Lewis Free-ney appealed to the Circuit Court, where he was again found guilty, and appeals here.

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Appeal from Walker Circuit Court. Heard before Hon. J. J. Curtis. From a conviction in the Recorder’s Court of the city of Jasper, for violating the prohibition law, Lewis Free-ney appealed to the Circuit Court, where he was again found guilty, and appeals here. The court should have allowed the evidence offered as to the time between the prior order for whisky and the order for the whisky found in defendant’s place of business.; — Smith v. State, 56 South. ■ 39; Coates v. State, 59 South. 324; Allison v. ■State, 55 South. 454; Wright v. State, 136 Ala. 145. No brief reached the Reporter.

1Opinion of the CourtWalker, P. J.

-The defendant sought to show that the whisky which was found in his place of business was kept there, not for sale, but for his own personal use, and that it was all of three gallons of whisky which he had ordered about two weeks before except what he himself had consumed. As the frequency and amounts of shipments of intoxicating liquor to a person may be looked to as circumstances tending to show that he received it for sale or other unlawful disposition (Allison. v. State, 1 Ala. App. 206, 55 South. 453; Coates v. State, 5 Ala. App. 182, 59 South. 323), so the fact, if it is a fact, that…

2Cases cited2 opinions

  1. Allison v. StateAlabama Court of Appeals · 1911
  2. Coates v. StateAlabama Court of Appeals · 1912

3Cited by5 opinions

  1. Watson v. StateAlabama Court of Appeals · 1913
  2. Brigman v. StateAlabama Court of Appeals · 1913
  3. Fletcher v. StateAlabama Court of Appeals · 1915
  4. Carmichael v. StateAlabama Court of Appeals · 1914
  5. Herring v. StateAlabama Court of Appeals · 1914

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