Henderson v. State
Alabama Court of Appeals
Appeal from Circuit Court, Blount County; Woodson J. Martin, Judge. Newt Henderson was convicted of a violation of the prohibition, laws, and lie appeals.
Read the full summary
Appeal from Circuit Court, Blount County; Woodson J. Martin, Judge. Newt Henderson was convicted of a violation of the prohibition, laws, and lie appeals. During the trial of the case, P. M. Logan, a witness for defendant, testified on direct examination that he knew defendant, lived across the field from his house; had gone to defendant’s house on the morning the still was found; that in going to defendant’s house he passed through the hollow in which the still had been; that he did not see the still or the place where the still had been tom up; that he had gone over there to get his cow,…
1Opinion of the CourtSameord, J.
The indictment contained two counts, the first charging that the defendant manufactured liquor. The result of the verdict was- an acquittal of the charge under the first count, and a conviction under the second, so that consideration of all questions relating to the first count may be eliminated.
[1, 2] The witness Graves was asked by the solicitor:
“Did you or not see the defendant in the possession of a still before you went before the grand jury?”
This question called for a conclusion of the witness as to the question at issue before the jury, and was subject to timely objection. but no…
2Cases cited3 opinions
- Funderlberg v. StateSupreme Court of Alabama · 1893
- Ex Parte State Ex Rel. DavisSupreme Court of Alabama · 1922
- Hays v. StateSupreme Court of Alabama · 1895
3Cited by4 opinions
- Lassiter v. StateAlabama Court of Appeals · 1950
- Hendricks v. StateSupreme Court of Alabama · 1967
- Brasher v. StateAlabama Court of Appeals · 1926
- Whitehead v. StateAlabama Court of Appeals · 1924