Legal Opinion

Ross v. State

Alabama Court of Appeals

Decided August 1, 1916PublishedCited by 14 opinions

Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. Charlie Ross was convicted of a violation of the prohibition laws, and appeals. The trial was had before the court without the intervention of a jury, and resulted as stated. The evidence tended to show the finding of certain pints and parts of pints of whisky in a box in a room connected with a barber shop, and that there were poker chips and cards also in the box.

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Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. Charlie Ross was convicted of a violation of the prohibition laws, and appeals. The trial was had before the court without the intervention of a jury, and resulted as stated. The evidence tended to show the finding of certain pints and parts of pints of whisky in a box in a room connected with a barber shop, and that there were poker chips and cards also in the box. The evidence was in dispute as to who was the owner or manager of the shop. Irons was shown to be tax and license collector for the city, and was permitted…

1Opinion of the Court

EVANS, J.(1) Recent acts (Acts 1915, pp. 824, 939) impose upon appellate courts the duty of reviewing the findings of facts of a trial court when sitting without a jury, and forbid the' appellate tribunals to indulge any presumption in favor of the correctness of the findings of the trial court. The first-mentioned act (p. 824) is in terms applicable only to civil causes, while the latter act (page 939) is applicable to both civil and misdemeanor causes. The language and requirements in both acts with reference to reviewing • the court’s findings of fact are similar. In passing on the first…

2Cases cited3 opinions

  1. Hackett v. CashSupreme Court of Alabama · 1916
  2. Finney v. Studebaker Corp. of AmericaSupreme Court of Alabama · 1916
  3. Thompson v. CollierSupreme Court of Alabama · 1911

3Cited by14 opinions

  1. Maisel v. StateAlabama Court of Appeals · 1919
  2. Peterson v. StateAlabama Court of Appeals · 1921
  3. Steber v. StateSupreme Court of Alabama · 1934
  4. Jaye v. StateAlabama Court of Appeals · 1930
  5. Ex parte RossSupreme Court of Alabama · 1916

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