Webb v. State
Supreme Court of Alabama
Appeal from Marengo Circuit Court. Heard before Hon. John T. Lackland. Mitchell Webb was convicted of selling intoxicating liquors, and he appeals.
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Appeal from Marengo Circuit Court. Heard before Hon. John T. Lackland. Mitchell Webb was convicted of selling intoxicating liquors, and he appeals. The following charges were refused to the defendant: “(2) If yon have a reasonable doubt of the truth of the statements as testified to by the state’s- witnesses, you cannot convict the defendant (3) If, after considering all the evidence in this case, unless you can say that you have a fixed opinion of the truth of the charge, you are not satisfied beyond a reasonable doubt, then you should acquit. (4) If the jury find the defendant guilty under…
1Opinion of the CourtDenson, J.
There are two counts in the indictment. The first, in the usual form, is for selling spirituous, vinous, or malt liquors without a license and contrary to law; while the second is for selling or giving away such liquors in violation of a local prohibition law. The indictment was filed on the 4th day of May, 1907. At the request of the defendant the court gave in his favor the general affirmative charge as to the second count, but refused a similar charge as to the first count.
Upon the evidence disclosed by the record the court might properly have refused both of the charges; but because it…
2Cases cited1 opinion
- Adams v. StateSupreme Court of Alabama · 1896
3Cited by3 opinions
- Davis v. StateAlabama Court of Appeals · 1913
- Clark v. StateAlabama Court of Appeals · 1951
- Freeman v. StateAlabama Court of Appeals · 1954