Fair v. State
Alabama Court of Appeals
Appeal from Law and Equity Court, Morgan County; Thomas W. Wert, Judge. William Fair was convicted of violation of the prohibition law, and he appeals. The defendant was tried and convicted for violating the prohibition law, and from the judgment he appeals. The defendant was charged, by an affidavit, .with selling, offering for sale, keeping for sale, or otherwise disposing of spirituous, vinous, or malt liquor.
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Appeal from Law and Equity Court, Morgan County; Thomas W. Wert, Judge. William Fair was convicted of violation of the prohibition law, and he appeals. The defendant was tried and convicted for violating the prohibition law, and from the judgment he appeals. The defendant was charged, by an affidavit, .with selling, offering for sale, keeping for sale, or otherwise disposing of spirituous, vinous, or malt liquor. The affidavit, after the formal parts, was in these words: “Before me, Thos. W. Wert, judge of said court, this day personally appeared Jeptha V. May, who being by me duly sworn,…
1Opinion of the CourtSamford, J.
[1] Under the authority of section 29% of the act of the Legislature (Acts Sp. Sess. 1909, p. 90), and Richmond v. State, 4 Ala. App. 140, 58 South. 973, we are of the opinion that the affidavit sufficiently meets all legal requirements.
[2] The pertinent question as presented by this record is: Was there sufficient evidence to go to the jury upon which they would be warranted in returning a verdict of conviction for crime? There is no doubt, and the court in its general charge correctly stated that “A person may have possession [of a house]; yet not have title to it.” But if a person has…
2Cases cited2 opinions
- Oldacre v. StateAlabama Court of Appeals · 1917
- Richmond v. StateAlabama Court of Appeals · 1912
3Cited by14 opinions
- Ammons v. StateAlabama Court of Appeals · 1924
- Spelce v. StateAlabama Court of Appeals · 1920
- Fennoy v. City of HartselleAlabama Court of Appeals · 1929
- Clayton v. StateAlabama Court of Appeals · 1927
- Eldridge v. StateAlabama Court of Appeals · 1931
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