Yancey v. State
Alabama Court of Appeals
Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jr. Simpson Yancey was convicted of violating the prohibition law, and he appeals.
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Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jr. Simpson Yancey was convicted of violating the prohibition law, and he appeals. The court should have given the affirmative charge as requested by the defendant becanse the state failed to prove that the offense was committed within the period prescribed by the statute of limitations or prior to the finding of the indictment. — Sec. 7347, Code 1907; Mollett v. State, 33 Ala. 408; Armistead v. The State, 43 Ala. 340; Ewrb v. The State, 55 Ala. 214; McDowell v. The State, 61 Ala. 172. The cause should be affirmed on the…
1Opinion of the CourtPelham, J.
The defendant was tried and convicted of a violation of the prohibition laws, in the city court of Anniston, in October, 1910, on an indictment found in September, 1909. The only state’s witness, one Chitwood, testifies to the transaction as happening at “Oxford, on Saturday before the 4th of July,” and more specifically, in the latter part of his testimony, as occurring “in the wagon yard the night of the 3rd of July, in Calhoun county, at Oxford.” The only other witness who in any way fixes the time is the defendant’s witness John Yancey, who states it was “in Oxford on the night of the 3d…
2Cases cited2 opinions
- Hill v. WardSupreme Court of Alabama · 1848
- McDowell v. StateSupreme Court of Alabama · 1878
3Cited by3 opinions
- Doss v. StateAlabama Court of Appeals · 1913
- Glover v. StateAlabama Court of Appeals · 1914
- Wetzell v. StateAlabama Court of Appeals · 1912