Legal Opinion

Weaver v. State

Alabama Court of Appeals

Decided June 15, 1920No. 7 Div. 674PublishedCited by 21 opinions

Appeal from Circuit Court, Cherokee County; W. W. Haralson, Judge. Jeff Weaver was convicted of manufacturing prohibited liquors, and he appeals.

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Appeal from Circuit Court, Cherokee County; W. W. Haralson, Judge. Jeff Weaver was convicted of manufacturing prohibited liquors, and he appeals. The defendant was entitled to the affirmative charge in this ease. 63 Ala. 234 ; 99 Ala. 145, 13 South. 566; 115 Ala. 42, 22 South. 551; 160 Ala. 290, 49 South. 362. Counsel discuss exceptions to evidence, but cite no authorities, except to the proposition that the defendant was entitled to know the sheriff’s pecuniary interest in a conviction. Section 7S95, Code 1907; 43 Ala. 330; 33 Ala. 36, 3 South. 319; 162 Ala. 83, 60 South. 349; 39 South. 580;…

1Opinion of the CourtMerritt, J.

The defendant was indicted and convicted for making, or having in his possession, a still to be used for manufacturing prohibited liquors.

[1] The defendant’s objection to the question propounded to the sheriff, who was a witness for the state, “Where were the Darrels relative to the house?” was properly overruled. Witness had testified he found “a' still 250 or 300 yards from defendant’s house,” but had “first found some empty Darrels nearer his house, and went on a little further, and found four barrels of beer where they had fresh-made whisky,” and in the light of this testimony it was…

2Cases cited4 opinions

  1. Kansas City M. & B. R. R. v. PhillipsSupreme Court of Alabama · 1893
  2. Driver v. PateAlabama Court of Appeals · 1918
  3. King v. StateAlabama Court of Appeals · 1920
  4. Johnson v. WittMassachusetts Supreme Judicial Court · 1884

3Cited by21 opinions

  1. Bell v. StateSupreme Court of Alabama · 1933
  2. Taylor v. StateAlabama Court of Appeals · 1922
  3. Hayes v. StateAlabama Court of Appeals · 1948
  4. Burch v. StateAlabama Court of Appeals · 1946
  5. Seekers v. StateAlabama Court of Appeals · 1949

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