Williams v. State
Alabama Court of Appeals
Appeal from Circuit .Court, Houston County; H. A. Pearce, Judge. Wyatt Williams was convicted of violating the prohibition laws and he appeals. While the state may show flight, it cannot be said that, where the officers made no effort to find defendant, it was competent for them to testify that they did not see him for more than a month. 1 Ala.
Read the full summary
Appeal from Circuit .Court, Houston County; H. A. Pearce, Judge. Wyatt Williams was convicted of violating the prohibition laws and he appeals. While the state may show flight, it cannot be said that, where the officers made no effort to find defendant, it was competent for them to testify that they did not see him for more than a month. 1 Ala. App. 124, 55 South. 931; 156 Ala. 85, 47 South. 194. The court erred in refusing the charges. 178 N. X. 274, 70 N. E. 786, 67 L. R. A. 131. On rehearing the defendant insists that the circuit court did not acquire jurisdiction. 7 Ala. App. 80, 81…
1Opinion of the Court
It having been shown that the officers went to defendant's house and saw defendant pouring rum into soda water bottles from a jug, filling six bottles, and that one McSwain, who was in the room with defendant, came out of the room with three of the bottles, leaving the others; that the officers captured McSwain, and defendant ran down the railroad; that the officers went in defendant's room and found the jug and three soda water bottles full of rum:
It was competent for the state to prove by one of the officers that they found defendant about a month after that on Mr. Spann's place, as tending…
2Cases cited2 opinions
- Perry v. StateAlabama Court of Appeals · 1919
- Wright v. StateAlabama Court of Appeals · 1911
3Cited by4 opinions
- Dabbs v. StateAlabama Court of Appeals · 1925
- Malone v. StateAlabama Court of Appeals · 1925
- McCormick v. StateAlabama Court of Appeals · 1927
- Pope v. StateAlabama Court of Appeals · 1925