Sanders v. State
Alabama Court of Appeals
Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge. Jane Sanders was convicted of violating the prohibition law, and she appeals. The following charges were refused to defendant: (1) The court charges the jury that under no phase of this evidence can you convict defendant, unless you are convinced beyond all reasonable] doubt that defendant sold the beer to the witness.
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Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge. Jane Sanders was convicted of violating the prohibition law, and she appeals. The following charges were refused to defendant: (1) The court charges the jury that under no phase of this evidence can you convict defendant, unless you are convinced beyond all reasonable] doubt that defendant sold the beer to the witness. (2) The court charges the jury that under no evidence in this case has the state made out counts 2, 3, 4, 5, 6, 7, and 8 of the complaint or affidavit and you cannot convict defendant under such count.
1Opinion of the CourtBricken, J.
[1-4'J The affidavit upon which this defendant was tried in the circuit court of Jefferson county, Bessemer division, contained eight counts charging the violation of the prohibition law in its several phases, and was not subject to the demurrers interposed. The demurrers undertook to raise the question of the jurisdiction of the circuit court to try the defendant on an affidavit and warrant issued by a justice of the peace and made returnable direct to the circuit court. This question could not be raised in this manner. Under the law, the circuit court had jurisdiction of the subject-matter…
2Cases cited4 opinions
- Sherrod v. StateAlabama Court of Appeals · 1916
- Haynes v. StateAlabama Court of Appeals · 1912
- Joyner v. StateAlabama Court of Appeals · 1917
- Phelps v. StateAlabama Court of Appeals · 1917
3Cited by12 opinions
- City of Dothan v. HollowaySupreme Court of Alabama · 1986
- Gladden v. StateAlabama Court of Appeals · 1951
- Streanger v. StateAlabama Court of Appeals · 1926
- James v. StateAlabama Court of Appeals · 1926
- Smith v. StateAlabama Court of Appeals · 1933
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