Hogg v. State
Alabama Court of Appeals
Appeal from Circuit Court, Jefferson County; J. C. B. Gwynn, Judge. Wilson Hogg was convicted of violating the prohibition laws, and he appeals. Reversed and remanded.
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Appeal from Circuit Court, Jefferson County; J. C. B. Gwynn, Judge. Wilson Hogg was convicted of violating the prohibition laws, and he appeals. Reversed and remanded. The following charges are referred to in the opinion: (2) I charge you that if you find from the evidence in this case that the whisky in question was found on another man’s premises other than the defendant, and that the defendant had no connection with the whisky, either actual or constructive, it would be your duty to return a verdict of not guilty. (3) I charge you that the finding of whisky on another’s premises is not…
1Opinion of the CourtSameord, J.
[1] At the request of the solicitor the court gave in writing this charge:
“I charge you that if you believe from the evidence in this case beyond all reasonable doubt that Wilson Hogg did, on the 1st day ■of November, 1920, have or possess spirituous liquors ■ in his room,- then you must convict this defendant under the second count of the affidavit.”
This charge pretermits all consideration of venue, and was error. Bain v. State, 61 Ala. 75; Collier v. State, 69 Ala. 247; Welsh v. State, 97 Ala. 1, 12 South. 275; Alabama S. & W. Co. v. Thompson, 166 Ala. 460, 52 South. 75.
[2, 3] Under our…
2Cases cited4 opinions
- Bain v. StateSupreme Court of Alabama · 1878
- Alabama Steel & Wire Co. v. ThompsonSupreme Court of Alabama · 1909
- Collier v. StateSupreme Court of Alabama · 1881
- Welsh v. StateSupreme Court of Alabama · 1892
3Cited by4 opinions
- State v. LapanSupreme Court of Vermont · 1928
- State v. JohnsonIdaho Supreme Court · 1924
- Brazell v. StateCourt of Criminal Appeals of Alabama · 1982
- Pruitt v. StateCourt of Criminal Appeals of Alabama · 1984