Dunn v. State
Alabama Court of Appeals
Appeal from Walker Law and Equity Conrt. Heard before Hon. T. L. Sowell. Earl Dunn was convicted of violating the prohibition law, and he appeals. While the defendant was on the stand for himself, he was asked by the solicitor on cross-examination, “How much whisky did you get in the bunch that you got those 3 one-half pints from?” and the witness answered that he got a case ivith something like 48 pints in it.
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Appeal from Walker Law and Equity Conrt. Heard before Hon. T. L. Sowell. Earl Dunn was convicted of violating the prohibition law, and he appeals. While the defendant was on the stand for himself, he was asked by the solicitor on cross-examination, “How much whisky did you get in the bunch that you got those 3 one-half pints from?” and the witness answered that he got a case ivith something like 48 pints in it. The evidence tended to show that the place where the whisky was found was not a dwelling. The oral charge of the court, excepted to, is as follows: “If the state has proven that this…
1Opinion of the CourtPelham, J.
— There was no error in allowing the state to prove, against the defendant’s objection, that at the time he ordered the whisky (a part of which was found in his store or stand) he ordered 48 half pints.— Sadler v. State, 165 Ala. 109, 51 South. 564.
That portion of the court’s oral charge upon what constituted a prima facie case was a correct statement of the law. — Acts 1909, p. 81, § 12.
*385The excerpt from the oral charge of the court set out in the bill of exceptions, to which an exception was reserved, relating to the defendant’s testifying as a witness in his own behalf, includes the…
2Cases cited3 opinions
- Lacey v. StateSupreme Court of Alabama · 1908
- Maxwell v. StateAlabama Court of Appeals · 1912
- Sadler v. StateSupreme Court of Alabama · 1910
3Cited by7 opinions
- Brock v. StateAlabama Court of Appeals · 1937
- Miller v. StateAlabama Court of Appeals · 1954
- Carmichael v. StateAlabama Court of Appeals · 1914
- Terry v. StateAlabama Court of Appeals · 1947
- Hodge v. StateAlabama Court of Appeals · 1914
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