Rhodes v. State
Alabama Court of Appeals
Appeal from Henry Circuit Court. Heard before Hon. Michael Sollie. Joe Rhodes was convicted of violating the prohibition law and he appeals.
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Appeal from Henry Circuit Court. Heard before Hon. Michael Sollie. Joe Rhodes was convicted of violating the prohibition law and he appeals. Selling has a well known meaning from a legal standpoint.- — Coker v. The State, 91 Ala. 94; Clark v. The State, 167 Ala. 102; 127 Alla. 579. Under these authorities, Rhodes was incapacitated to make the sale or to make any other contract on account of his extreme intoxication, and hence, the court erred in refusing the charges requested.— Whitney v. The Stake, 115 Ala. 72. The statute is penal and cannot be extended to embrace a case like this one. — 91…
1Opinion of the CourtPelham, J.
While the proposition is presented in several ways, as by the courts rulings on the admissibility of evidence set up in one of the defendant’s showings for an absent witness, and by differently worded written charges requested by the defendant, the only question presented for our consideration is whether voluntary drunkenness can be set up as a defense to the crime of selling liquor in violation of the prohibition laws.
The defendant was charged with having sold spirituous, vinous, or malt liquors contrary to law, and on the trial the state proved by a witness that the defendant sold him a.…
2Cases cited27 opinions
- Parsons v. StateSupreme Court of Alabama · 1886
- Ford v. StateSupreme Court of Alabama · 1882
- Williams v. StateSupreme Court of Alabama · 1886
- Tidwell v. StateSupreme Court of Alabama · 1881
- Gunter v. StateSupreme Court of Alabama · 1887
22 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Maddox v. StateAlabama Court of Appeals · 1944
- Harmon v. StateAlabama Court of Appeals · 1930
- Beiser v. StateAlabama Court of Appeals · 1913
- Thomas v. StateAlabama Court of Appeals · 1915
- Walker v. StateAlabama Court of Appeals · 1944