Harrison v. State
Alabama Court of Appeals
Violating Prohibition Law. Appeal from Shelby Circuit Court Heard before Hon. Hugh B. Merrill. Frank Harrison, Jr., was convicted of violating the prohibition law, and he appeals. The court should have given the charges requested by the defendant, as only one .witness testified against him . — Adams v. The.
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Violating Prohibition Law. Appeal from Shelby Circuit Court Heard before Hon. Hugh B. Merrill. Frank Harrison, Jr., was convicted of violating the prohibition law, and he appeals. The court should have given the charges requested by the defendant, as only one .witness testified against him . — Adams v. The. State, 57 South. 591; Jackson v. The State, 57-South. 596; Naugher v. The Stale, 60 South. 459. It was competent to show that the employer of the witness had taken an active interest in the prosecution. — Garner v.' The State, 58 South. 123; Nelson v. The State, 65 South. 844.
1Opinion of the CourtThomas, J.
The only witness examined by the state was one Louis Raines, who testified to' buying six bottles of beer from the defendant. Even though the jury may have believed beyond a reasonable doubt that the defendant sold the witness the beer at the place as claimed by him, yet, if the jury had a reasonable doubt as to whether the sale took place within 12 months before the finding of the indictment, the defendant was entitled to an acquittal; since it is equally essential that the state prove the time as that it prove the fact of the sale.—Molett v. State, 33 Ala. 408; Armistead v. State, 43 Ala.…
2Cases cited14 opinions
- Hale v. StateSupreme Court of Alabama · 1898
- McClellan v. StateSupreme Court of Alabama · 1897
- Phillips v. StateSupreme Court of Alabama · 1909
- Scholze v. SteinerSupreme Court of Alabama · 1893
- Harwell v. StateAlabama Court of Appeals · 1914
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3Cited by3 opinions
- Johnson v. StateSupreme Court of Alabama · 1916
- Sorrell v. ScheuerSupreme Court of Alabama · 1923
- Keller v. StateAlabama Court of Appeals · 1927