Murph v. State
Supreme Court of Alabama
Appeal from Monroe Circuit Court. Heard before Hon. John T. Lackland. Andy Murph was convicted of selling liquor without license, and appeals.
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Appeal from Monroe Circuit Court. Heard before Hon. John T. Lackland. Andy Murph was convicted of selling liquor without license, and appeals. Tlie rule being satisfied if the substance of the count or declaration is testified to by a witness, the exact words not being necessary in laying a predicate, the court erred in refusing to admit the testimony. — 17 Ala. 219; 19 Ala. 51; 7 Ency. of Evi., p. 124. It was discretionary whether the court granted the continuance or not. — House v. Hie State, 129 Ala. 182; Walker v. The State, 117 Ala. 185. The answer was at variance with the predicate and…
1Opinion of the CourtHaralson, J.
— The defendant, Andy Murph, was indicted for selling ispirituous, vinous or malt liquors without a license.
The state having announced ready for trial, the defendant stated he was not ready, because he had just learned that the main witness for the state, whose name was Henry Jones, had been convicted in Dallas county, and upon conviction had been sentenced to the penitentiary; and asked the court to continue the case until defendant could get proof of the conviction of said witness. The court overruled the application for a continuance, and required defendant to go to trial. It was within…
2Cases cited2 opinions
- Walker v. StateSupreme Court of Alabama · 1897
- House v. StateSupreme Court of Alabama · 1903
3Cited by12 opinions
- Bridges v. StateSupreme Court of Alabama · 1932
- Couch v. HutchersonSupreme Court of Alabama · 1942
- Walker v. StateSupreme Court of Alabama · 1930
- Duck v. StateAlabama Court of Appeals · 1957
- Hayes v. StateAlabama Court of Appeals · 1968
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