Trammell v. City of Roanoke

In passing upon a request for the general affirmative charge, the court must consider the entire evidence, both for the plaintiff and defendant. If, after doing so, the evidence is without conflict, the question is one for the court. Cohen v. State, 16 Ala. App. 522, 79 So. 621; Cook v. State, 17 Ala. App. 611, 88 So. 58.

The evidence without dispute is that, upon a search being made, some whjsky was found, in a keg in the back room of the house where defendant lived with his wife; that the whisky was bought and placed there by the wife, without the knowledge or consent of defendant; that he…