Wright v. State
Alabama Court of Appeals
Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. Ellis Wright was convicted of violating the prohibition law, and he appeals.
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Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. Ellis Wright was convicted of violating the prohibition law, and he appeals. The defendant was entitled to the affirmative charge, as the evidence introduced was of no probative force, and was not authorized by section S2j4, Acts 1909, p. 93. — Allison v. The State, 55 South. 454; Smith v. The State, 56 South. 390- The court properly denied the affirmative charge. — Grant v. • The State, 97 Ala. 35; McIntosh v. The State, 140 Ala. 137; (Juarreno v. The State, 148 Ala. 637; TJntreinor v. The State, 146 Ala. 133. A…
1Opinion of the CourtWalker, P. J.
There was evidence tending to show that the defendant was engaged in business as a retail dealer in beverages, and that there was found in his possession at the place where that business was carried on quite a varied assortment of prohibited liquors. That the existence of such a state of facts furnished some support for an inference that the defendant maintained an unlawful drinking place, as charged in the indictment, seems too plain to require discussion, especially in view of the prima facie import given by the statute to one’s1 possession of such things at such a place.
The solicitor asked…
2Cited by4 opinions
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- Jackson v. StateSupreme Court of Delaware · 1977
- Woodward v. StateAlabama Court of Appeals · 1912
- Strange v. StateAlabama Court of Appeals · 1912