Perry v. State
Alabama Court of Appeals
Appeal from Barbour Circuit Court. Heard before Hon. M. Sollie. Ed. Perry was convicted of selling, offering for sale or keeping for sale prohibited liquors, and he appeals. The defendant was entitled to the affirmative charge under the evidence. — Oldacre v. State, 5 Ala. App. 167; Sta/rkes v. State, 64 South. 158; Jones v. State,.90 Ala. 680; Jeffries v. State, 62 South. 270.
1Opinion of the CourtThomas, J.
The defendant, who was charged with “selling, offering for sale, keeping for sale, or otherwise disposing of spirituous, vinous, or malt liquors,” requested, at the conclusion of the evidence for the state the general affirmative charge in writing, which was refused. This evidence consisted solely of the testimony of two witnesses, one of whom swore only that he was the express agent, and delivered to the defendant, within the county and time alleged, a box weighing 72 pounds, labeled “whisky,” that had come to the office by express, addressed to the defendant as consignee, and that witness…
2Cases cited6 opinions
- Ex parte AcreeSupreme Court of Alabama · 1879
- Bryant v. StateSupreme Court of Alabama · 1897
- Howard v. StateSupreme Court of Alabama · 1895
- Jones v. StateSupreme Court of Alabama · 1891
- Jeffries v. StateAlabama Court of Appeals · 1913
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Spelce v. StateAlabama Court of Appeals · 1920
- Greer v. StateCourt of Criminal Appeals of Alabama · 1990
- McCart v. StateCourt of Criminal Appeals of Alabama · 2000
- Burgett v. StateAlabama Court of Appeals · 1954
- Merriweather v. City of TuscaloosaAlabama Court of Appeals · 1915
4 more not listed; retrieve them via the Exa API.