Herring v. State
Alabama Court of Appeals
Appeal from City Court of Bessemer; J. C. B. Gwin, Judge. Tom Herring was convicted, of violating the prohibition law, and he appeals. The defendant was tried on an affidavit charging a violation of the prohibition law, and from a judgment of conviction he appeals. The affidavit charges that the defendant “manufactured, sold, offered for sale, or otherwise disposed of, prohibited liquors,” etc.
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Appeal from City Court of Bessemer; J. C. B. Gwin, Judge. Tom Herring was convicted, of violating the prohibition law, and he appeals. The defendant was tried on an affidavit charging a violation of the prohibition law, and from a judgment of conviction he appeals. The affidavit charges that the defendant “manufactured, sold, offered for sale, or otherwise disposed of, prohibited liquors,” etc. The testimony for the state by one Clark, its only witness, was that on November 29, 1915, he was a special policeman for the city of Bessemer; that he met Sharp Jones on the street, and Sharp said,…
1Opinion of the CourtSamford, J.
The court had the witnesses before it, was able to observe their demeanor on the stand, and, holding to the long line of decisions in this state on this point, this court will not disturb the findings on the facts in this case.
[1-3] Wherever it is manifest, either by the indictment or by the evidence, that an attempt is being made to convict the defendant of two, or more offenses growing out of separate and distinct transactions, the court will grant a timely motion to require the state to elect, and if the state refused to elect, the indictment will be quashed. Wooster v. State, 55 Ala. 217.…
2Cases cited5 opinions
- Wooster v. StateSupreme Court of Alabama · 1876
- Mayo v. StateSupreme Court of Alabama · 1857
- Ex Parte State, in re Brooms v. StateSupreme Court of Alabama · 1916
- Thomas v. StateSupreme Court of Alabama · 1895
- Brooms v. StateAlabama Court of Appeals · 1916
3Cited by9 opinions
- Rueffert v. StateCourt of Criminal Appeals of Alabama · 1970
- Jemison v. StateAlabama Court of Appeals · 1960
- Cowart v. StateAlabama Court of Appeals · 1917
- Watkins v. StateAlabama Court of Appeals · 1953
- Green v. StateSupreme Court of Florida · 1938
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