Stewart v. State

Paul Ward, Associate Justice.

On April 9, 1960 appellant was arrested on the charge of possessing beer in excess of the legal limit. On the 27th of the same month he was convicted in the Municipal Court of Mt. Ida and fined $100. On appeal to the Circuit Court the judgment of the lower court was affirmed. In each instance the sheriff of Montgomery County was the only witness to testify. It is not disputed that the evidence, if competent, is sufficient to sustain the conviction.

On appeal the only ground urged for a reversal is that the testimony was incompetent. This ground is presently…