Legal Opinion

Glass v. State

Alabama Court of Appeals

Decided June 3, 1913Published

Appeal from Montgomery City Court. Heard before Hon. Armstead Brown. Charlie Glass was convicted of violating the prohibition law, and he appeals. There was direct evidence of a sale by defendant of beer, and the evidence noted as being objected to has reference to the details and manner of payment, and the fact that other beer and whisky was found and seized, and the exhibitions to the jury of the stuff received.

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Appeal from Montgomery City Court. Heard before Hon. Armstead Brown. Charlie Glass was convicted of violating the prohibition law, and he appeals. There was direct evidence of a sale by defendant of beer, and the evidence noted as being objected to has reference to the details and manner of payment, and the fact that other beer and whisky was found and seized, and the exhibitions to the jury of the stuff received. After giving charge 6 at the request of the defendant the court remarked: “That is in substance what I have already charged you.” After giving charge 8, which was in effect that…

1Opinion of the CourtPelham, J.

— The judgment entry shows an adverse ruling of the court on the defendant’s motion to strike the second and third counts of the indictment, and an order overruling demurrers to the same counts. No motion is set out in the transcript, nor is an exception *419shown to have been taken to the ruling of the court in passing on the motion. The demurrers interposed by the defendant are not shown by the record, and the ruling of the court in that particular cannot be reviewed here. — Lacey v. State, 154 Ala. 65, 45 South. 680; McQueen v. State, 138 Ala. 63, 35 South. 39.

The defendant Avas indicted,…

2Cases cited4 opinions

  1. Callaway & Truitt v. GaySupreme Court of Alabama · 1904
  2. Lacey v. StateSupreme Court of Alabama · 1908
  3. Western Union Telegraph Co. v. FuelSupreme Court of Alabama · 1910
  4. McQueen v. StateSupreme Court of Alabama · 1902

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