Duke v. State
Supreme Court of Alabama
Appeal from Clarke Circuit Court. Heard before Hon. John T. Lackland. The defendant was indicted and convicted for selling liquor without license in Clarke county. The facts upon which the opinion is predicated and the exceptions to the evidence are sufficiently stated in the opinion. The court should have excluded the evidence descriptive of the checks, as the checks themselves were the best .evidence of what they were like.
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Appeal from Clarke Circuit Court. Heard before Hon. John T. Lackland. The defendant was indicted and convicted for selling liquor without license in Clarke county. The facts upon which the opinion is predicated and the exceptions to the evidence are sufficiently stated in the opinion. The court should have excluded the evidence descriptive of the checks, as the checks themselves were the best .evidence of what they were like. All the evidence relative to- the metal checks should have been excluded: -1st. Because it was shown that they were non-transferable and of no value to the defendant and…
1Opinion of the CourtSimpson, J.
The defendant in this case Avas convicted of the offense of selling spirituous liquor “rvithout a license and contrary to laAV. Avithin the limits , of Clarke county, Alabama.” The evidence on the part of the state tended to shoAV that the Avhisky, Avhich it is claimed was sold by the defendant, was paid for by “two metal checks” Avhich had been issued by the “Scotch Lumber Company,” which company issued these checks each day to their employes, on each of which check there was stamped an amount, such as “25 cts.,” “50 cts.,” that said checks Avere good for the amount stamped thereon at said…
2Cases cited2 opinions
- Gunter v. LeckeySupreme Court of Alabama · 1857
- Coker v. StateSupreme Court of Alabama · 1890
3Cited by4 opinions
- State v. AlbartySupreme Court of North Carolina · 1953
- Forsyth v. Alabama City, G. & A. Ry. Co.Supreme Court of Alabama · 1922
- Sturgill v. Lovell Lumber Co.West Virginia Supreme Court · 1948
- Cox Hat Co. v. AdamsAlabama Court of Appeals · 1915