Wynn v. State
Alabama Court of Appeals
Appeal from Barbour Circuit Court. Heard before Hon. M. Sollie. Henderson Wynn was convicted of violating the prohibition law, and he appeals. Counsel insists that although the act shown was prima facie evidence of a wrongful keeping and sale, that the evidence of defendant and of the person getting the whisky nullified as a matter of law the prima- facie presumption, and defendant was entitled to the affirmative charge.
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Appeal from Barbour Circuit Court. Heard before Hon. M. Sollie. Henderson Wynn was convicted of violating the prohibition law, and he appeals. Counsel insists that although the act shown was prima facie evidence of a wrongful keeping and sale, that the evidence of defendant and of the person getting the whisky nullified as a matter of law the prima- facie presumption, and defendant was entitled to the affirmative charge. Under the evidence the court properly submitted the question of defendant’s guilt to the jury for its determination. — 16 Cyc. 1070, and cases cited.
1Opinion of the CourtPelham, J.
The evidence afforded an inference for a finding by the jury that the defendant was making a sale or other unlawful disposition of the bottle of whisky at the time he delivered it to the man Columbus Martin, and also that the defendant kept this whisky in a building not used exclusively as a dwelling, for an illegal purpose. The evidence shows that the delivery of the whisky to Martin by the defendant was made from the defendant’s blacksmith shop. Such -a delivery is made prima facie evidence of a sale or other, unlawful disposition. Act approved August 25, 1909 (Acts 1909, pp. 63, 64) § 5.…
2Cases cited3 opinions
- Bryant v. StateSupreme Court of Alabama · 1897
- Marston v. BigelowMassachusetts Supreme Judicial Court · 1889
- National Masonic Accident Ass'n v. BurrNebraska Supreme Court · 1899
3Cited by10 opinions
- Maisel v. StateAlabama Court of Appeals · 1919
- Mulligan v. StateAlabama Court of Appeals · 1916
- Patterson v. MilliganAlabama Court of Appeals · 1914
- Northern Ala. Ry. Co. v. WhiteAlabama Court of Appeals · 1915
- Howard v. StateAlabama Court of Appeals · 1916
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