Legal Opinion

Sapp v. State

Alabama Court of Appeals

Decided May 18, 1911PublishedCited by 2 opinions

Appeal from Bessemer City Court. Heard, before 1-Ion. William Jackson. Mat Sapp was convicted of violating the prohibition law, and he appeals. The facts as to the pleas sufficiently appear in the opinion of the court.

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Appeal from Bessemer City Court. Heard, before 1-Ion. William Jackson. Mat Sapp was convicted of violating the prohibition law, and he appeals. The facts as to the pleas sufficiently appear in the opinion of the court. The following charges were refused to the defendant: (8) “The court charges you that, in determining the weight to be given the testimony of Steel and Chew, you may take into account the fact that they are deputy sheriffs of Jefferson county, and that the sheriff of Jefferson county derives his compensation from fees, the interest or want of interest they have in the case,…

1Per curiam

The affidavit, the foundation of this prosecution, is not objectionable in averment as to the time of the offense charged. The time alleged is that it was within 12 months of the making of the affidavit and since the 1st day of September, 1909. The only reasonable construction that can be put on this statement is that the offense charged was committed since the 1st day of September, 1909, and necessarily within 12 months of the making of the affidavit, which was made May 10, 1910. The objection to the affidavit in this respect is wholly without merit.

The objection to the warrant on the ground…

2Cases cited3 opinions

  1. Carnley v. StateSupreme Court of Alabama · 1909
  2. Bailey v. StateSupreme Court of Alabama · 1908
  3. Red v. StateSupreme Court of Alabama · 1910

3Cited by2 opinions

  1. Robinson v. StateCourt of Criminal Appeals of Alabama · 1983
  2. Freeland v. StateAlabama Court of Appeals · 1949

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