Coleman v. State
Alabama Court of Appeals
Appeal from Lowndes Circuit Court. Heard before Hon. A. E. Gamble. Plum Coleman was convicted of violating the prohibition laws, and he appeals. A careful reading of the case of State ex rel. Wild v. Coleman, 61 South. 20, will disclose that defendant was clearly entitled to have given for 'him the general affirmative charge.
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Appeal from Lowndes Circuit Court. Heard before Hon. A. E. Gamble. Plum Coleman was convicted of violating the prohibition laws, and he appeals. A careful reading of the case of State ex rel. Wild v. Coleman, 61 South. 20, will disclose that defendant was clearly entitled to have given for 'him the general affirmative charge. The claim affidavit was clearly admissible as any other written statement would have been admissible if against interest. — Oakley v. State, 33 South. 23. Its weight and credibility was for the jury when considered in connection with all the evidence. — Coodwyn v. State,…
1Opinion of the CourtPelham, J.
The defendant was convicted on a charge of selling, offering for sale, keeping for sale, or otherwise disposing of prohibited liquors.
The contention of appellant in brief is that the defendant was entitled to the general charge, and that a careful reading of the case of Coleman v. State, ex rel. Wild, et al., 7 Ala. App. 424, 61 South. 20, will demonstrate the correctness of this position.
In the case cited this court held that the affidavit on which the search warrant issued was insufficient, and that the warrant based on it was therefore void; but it is not made to appear in this case that…
2Cases cited3 opinions
- Oakley v. StateSupreme Court of Alabama · 1902
- Goodwin v. StateSupreme Court of Alabama · 1893
- Coleman v. State ex rel. WildAlabama Court of Appeals · 1913
3Cited by1 opinion
- Parker v. StateAlabama Court of Appeals · 1914