Stokes v. State
Alabama Court of Appeals
Appeal from Bessemer City Court. Heard before Hon. J. C. B. Gwin. A. Stokes was convicted of violating the prohibition law and he appeals.
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Appeal from Bessemer City Court. Heard before Hon. J. C. B. Gwin. A. Stokes was convicted of violating the prohibition law and he appeals. The court ■ erred in not excluding the evidence of the state’s witness Parker. — Acts 1909, p. 64, section 4. The court erred in admitting evidence that liquor was found in the house as it was a dwelling house, and in permitting it to be shown that men were seen around there intoxicated.— Authorities supra; Fitzpatrick v. The State, 53 South. 1021; Eidge v. The Oity of Bessemer, 164 Ala. 599. A wrongful act and a wrongful intent must concur to constitute a…
1Opinion of the Court
de GRAFFENRIED, J. —
It is our understanding of the law that when evidence is admitted upon a trial, which is, at the time of its admission, irrelevant and immaterial, but is, at a later stage of the trial, by other evidence introduced by either of the parties to the cause, rendered relevant and material, the trial court will not, upon appeal, be put in error for admitting such evidence. The defendant had a small store at “Happy Hollow” in Jefferson county, and about 50 steps from the store, on the same premises, was a three-room residence in which the defendant resided. Two of the rooms were…
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