Stearns v. State
Alabama Court of Appeals
Appeal from Jackson Circuit Court. Heard before Hon. W. W. Haralson. Ben Stearne.was convicted of violating the prohibition law, and he appeals. No brief reached the Reporter. The defendant was properly convicted under the evidence on the indictment. — Winter v. The State, 132 Ala. 32; Bond v. The State, 130 Ala. 117; Darrington v. The State, 162 Ala. 60; Rayfield v. The State, 167 Ala. 94; Section 33, Acts 1909, p. 94.
1Opinion of the Court
db GRAFFENRIED, J.
It has been frequently held that when the facts, although undisputed, are such that reasonable men may reasonably and conscientiously arrive at opposite conclusions from them, such facts present, not a question of law for the court, but a question of fact for the determination of the jury.—Luke v. Calhoun County, 52 Ala. 115; Cole v. Propst, 119 Ala. 99, 24 South. 884; Abbott v. Mobile, 119 Ala. 595, 24 South. 565.
The evidence, considered in the light most favorable to the defendant, shows that he was the assisting friend of either the buyer or the seller of the liquor, and…
2Cases cited7 opinions
- Luke v. Calhoun CountySupreme Court of Alabama · 1875
- Griffin v. StateSupreme Court of Alabama · 1907
- McCormack Harvesting Machine Co. v. LoweSupreme Court of Alabama · 1907
- Medley v. StateSupreme Court of Alabama · 1908
- Boyd v. StateAlabama Court of Appeals · 1912
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3Cited by7 opinions
- Pate v. StateAlabama Court of Appeals · 1946
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- Taylor v. StateAlabama Court of Appeals · 1944
- Cooper v. StateCourt of Criminal Appeals of Alabama · 1981
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