Parsons v. State
Alabama Court of Appeals
Appeal from Circuit Court, Jefferson County; William E. Fort, Judge. Ike Parsons was convicted of selling and having in his possession prohibited liquors, and appeals. Certiorari denied by Supreme Court in Ex parte Ike Parsons, 209 Ala. 630, 96 South. 720. Leading questions are improper, and should not be put to a witness.
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Appeal from Circuit Court, Jefferson County; William E. Fort, Judge. Ike Parsons was convicted of selling and having in his possession prohibited liquors, and appeals. Certiorari denied by Supreme Court in Ex parte Ike Parsons, 209 Ala. 630, 96 South. 720. Leading questions are improper, and should not be put to a witness. Weatherly v. N., C. & St. L., 166 Ala. 575, ■ 51 South. 959 ; 40 Cyc. 2422; Blunt v. Strong, 60 Ala. 572. The state, having once made its election by offering' evidence of one particular offense, will be held to that election throughout the future proceedings. Elam v.…
1Opinion of the Court
■SAMPORD, J.
[1] The trial was had, before the trial judge sitting without a jury. Such being a fact, every presumption will be resolved in favor of the judgment rendered.
The exceptions taken on the trial were confined to the rulings of the court on the admissibility of testimony, and proceed upon three theories: First, objections because questions were leading; second, irrelevancy, In that the testimony related to possession. of prohibited liquors at times other than those on which the state had elected to prosecute; and, third, the state having elected to prosecute at certain times and…
2Cases cited1 opinion
- Howze v. StateAlabama Court of Appeals · 1917
3Cited by1 opinion
- Patterson v. StateAlabama Court of Appeals · 1945