Harwell v. State
Alabama Court of Appeals
Violating Prohibition Lam. Appeal from Montgomery City Court. Heard before Hon. Armstead Brown. James L. Harwell was convicted of violating tbe prohibition law, and he appeals. The facts sufficiently appear from the opinion.
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Violating Prohibition Lam. Appeal from Montgomery City Court. Heard before Hon. Armstead Brown. James L. Harwell was convicted of violating tbe prohibition law, and he appeals. The facts sufficiently appear from the opinion. The following charges were refused to defendant: (1) If after weighing and considering all the evidence in the case, one or more of the jurors feel that he desires more evidence before he or they can never get an abiding conviction of the guilt of defendant, then the juror has a reasonable doubt of defendant’s guilt, and the jury could not convict defendant. (2)…
1Opinion of the CourtBrown, J.
The point most strenuously urged by the appellant for the reversal of the judgment of the trial court is that the evidence offered by the state as a predicate for the introduction of the testimony of the witnesses Louis Stanford and George Molton, given on a former trial of the case, was not sufficient to justify the conclusion reached by the trial court that the whereabouts of these witnesses was unknown, and their testimony unobtainable by due diligence.
In a recent decision our Supreme Court, in the case of Pope v. State, where that court reversed the judgment of the trial court for…
2Cases cited17 opinions
- South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
- Marler v. StateSupreme Court of Alabama · 1880
- Davis v. StateSupreme Court of Alabama · 1914
- Smith v. StateSupreme Court of Alabama · 1904
- Carney v. StateSupreme Court of Alabama · 1885
12 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Anderson v. StateCourt of Criminal Appeals of Alabama · 1978
- Sprinkle v. StateCourt of Criminal Appeals of Alabama · 1978
- Leith v. StateSupreme Court of Alabama · 1921
- Vernon v. StateSupreme Court of Alabama · 1940
- Bascom v. StateCourt of Criminal Appeals of Alabama · 1977
24 more not listed; retrieve them via the Exa API.