Oldacre v. State
Alabama Court of Appeals
Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. Chester Oldacre was convicted on an indictment charging him with selling, offering for sale, keeping for sale or otherwise disposing of, prohibited liquors contrary to law, and he appeals.
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Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. Chester Oldacre was convicted on an indictment charging him with selling, offering for sale, keeping for sale or otherwise disposing of, prohibited liquors contrary to law, and he appeals. The defendant’s motion to exclude the evidence should have been granted. — Randolph v. The State, 100 Ala. 139; Griffin v. The State, 76 Ala. 29; 1 Greenl. sec. 19. The affirmative charge should have been given. — O’Brien v. The State, 57 South. 1028. No judgment is shown on the confession by defendant and his sureties, and the…
1Opinion of the Court
WALKER, P. J. —
The indictment charged that the defendant “sold, offered for sale, kept for sale, or other*188wise disposed of prohibited liquors and beverages contrary to law,” etc. We are not of opinion that it can fairly be said that the evidence offered by the prosecution tended to support either of the charges made in the indictment. The testimony of the first witness examined for the state Avas to the effect that one night about or a little after dark he was at the residence of J. P. Rowe, when the defendant came up on the back porch, and told the witness to tell J. P. Rowe to come out…
2Cases cited1 opinion
- Randolph v. StateSupreme Court of Alabama · 1893
3Cited by5 opinions
- Wallace v. StateAlabama Court of Appeals · 1917
- Arnold v. StateAlabama Court of Appeals · 1941
- Taylor v. StateAlabama Court of Appeals · 1916
- Perry v. StateAlabama Court of Appeals · 1914
- Satterfield v. StateAlabama Court of Appeals · 1931