Johnson v. State
Alabama Court of Appeals
Appeal from Walker Law and .Equity Court. Heard before Hon. T. L. Sowell. Lee Johnson was convicted of violating the prohibition law, and he appeals. The prosecuting* witness testified that he bought four bottles of liquid, which in his best judgmnet was lager beer; that he drank the four bottles in about 80 minutes; and the solicitor asked him if he could feel any stimulating effects therefrom.
Read the full summary
Appeal from Walker Law and .Equity Court. Heard before Hon. T. L. Sowell. Lee Johnson was convicted of violating the prohibition law, and he appeals. The prosecuting* witness testified that he bought four bottles of liquid, which in his best judgmnet was lager beer; that he drank the four bottles in about 80 minutes; and the solicitor asked him if he could feel any stimulating effects therefrom. The defendant objected to this question, and moved the court to exclude the answer, which was: “Yes, sir,” it intoxicated, me. I was fully intoxicated, and these four bottles were the only things that…
1Opinion of the CourtPelham, J.
The defendant was convicted of a violation of the prohibition law. Section 7352 of the Code of 1907.
The state’s witness was properly allowed to testify to the intoxicating* effect of the liquor purchased.—Marks v. State, 159 Ala. 71, 48 South. 861, 133 Am. St. Rep. 20; Brantley v. State, 91 Ala. 47, 8 South. 816; Carl v. State, 87 Ala. 17, 6 South. 118, 1 L. R. A. 380; Knowles v. State, 80 Ala. 9.
*157The charges set out in the record as refused are not shown to have been asked in writing or to have been separately asked or refused. The only statement in reference to the charges is as MIoavs:…
2Cases cited17 opinions
- Johnson v. StateSupreme Court of Alabama · 1891
- Walker v. StateSupreme Court of Alabama · 1890
- Marks v. StateSupreme Court of Alabama · 1909
- Bradley v. StateSupreme Court of Alabama · 1881
- Ricketts v. Birmingham Street Railway Co.Supreme Court of Alabama · 1888
12 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Autry v. StateAlabama Court of Appeals · 1949
- Vandiver v. StateAlabama Court of Appeals · 1953
- Garcia v. StateArizona Supreme Court · 1924
- Martin v. StateCourt of Criminal Appeals of Alabama · 1979
- Adams v. StateCourt of Criminal Appeals of Alabama · 1970
1 more not listed; retrieve them via the Exa API.