Legal Opinion

Denham v. State

Alabama Court of Appeals

Decided April 19, 1921No. 8 Div. 739Published

Appeal from Circuit Court, Marshall County ; W. W. Harralson, Judge. William A. Denham was convicted of violating the prohibition law, and he appeals. The affidavit and complaint sufficiently •appear from the opinion. The following charges were refused the defendant: (1-3) There is no evidence that the defendant disposed of any liquor to witness Beard on the night in question.

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Appeal from Circuit Court, Marshall County ; W. W. Harralson, Judge. William A. Denham was convicted of violating the prohibition law, and he appeals. The affidavit and complaint sufficiently •appear from the opinion. The following charges were refused the defendant: (1-3) There is no evidence that the defendant disposed of any liquor to witness Beard on the night in question. (4) You have the right to consider all the testimony to arrive at the motives as well as the acts of the witnesses, and, if you have a reasonable doubt as to whether the liquor belonged to Denham or to Beard, then the…

1Opinion

On Rehearing.

2Per curiam

Application for rehearing overruled. Howze v. State, 16 Ala. App. 76, 75 South. 624; Barefield v. State, 14 Ala. App. 638, 72 South. 293; Howie v. State, 1 Ala. App. 228, 56 South. 37; Sellers v. State, 98 Ala. 72, 13 South. 530; McIntosh v. State, 140 Ala. 137, 37 South. 223; Untreinor v. State, 146 Ala. 133, 41 South. 170; Guarreno v. State, 148 Ala. 637, 42 South. 833; Joyner v. State, 16 Ala. App. 240, 77 South. 78.

3Cases cited8 opinions

  1. McIntosh v. StateSupreme Court of Alabama · 1903
  2. Untreinor v. StateSupreme Court of Alabama · 1906
  3. Guarreno v. StateSupreme Court of Alabama · 1906
  4. Barefield v. StateAlabama Court of Appeals · 1916
  5. Joyner v. StateAlabama Court of Appeals · 1917

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