Stout v. State
Alabama Court of Appeals
Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. Tobe Stout was convicted of violating the prohibition law and he appeals. The matters of evidence referred to in the opinion sufficiently appear.
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Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. Tobe Stout was convicted of violating the prohibition law and he appeals. The matters of evidence referred to in the opinion sufficiently appear. The oral charge of the court excepted to was as follows: A tenant and landlord or owner may jointly use or have possession of a piece of' property not used exclusively for a dwelling, and should either, while in possession of the property,, keep upon the same any of the prohibited liquors stored thereon, then I charge you this would be prima facie evidence of a violation of…
1Opinion of the CourtBrown, J.
(1-3) There was some evidence from which the jury were authorized to infer that the defendant was keeping the liquors in the shed room of the old warehouse owned by the Cook Brewing Company. This property, as the evidence ¡shows, had been turned over to the defendant under a tentative ■contract of purchase, and he had leased a part of it to the Gulf Refining Company; and the latter company had constructed an ■oil house on the lot, and was using the main warehouse for ¡stables; but there was evidence showing that the defendant had in his possession a key to the main warehouse, and tending to…
2Cases cited9 opinions
- Smith v. StateSupreme Court of Alabama · 1916
- Cox v. StateSupreme Court of Alabama · 1909
- Mitchell v. StateAlabama Court of Appeals · 1916
- Bullington v. StateAlabama Court of Appeals · 1915
- Mulligan v. StateAlabama Court of Appeals · 1916
4 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Mullins v. StateAlabama Court of Appeals · 1944
- Vaughn v. StateAlabama Court of Appeals · 1919
- Frazier v. StateCourt of Criminal Appeals of Alabama · 1975
- Jimmerson v. StateAlabama Court of Appeals · 1920
- Kelly v. StateAlabama Court of Appeals · 1920
15 more not listed; retrieve them via the Exa API.