Shivers v. State
Alabama Court of Appeals
Violating Prohibition Law. Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Mack Shivers was convicted of violating the prohibition law, and he appeals.
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Violating Prohibition Law. Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Mack Shivers was convicted of violating the prohibition law, and he appeals. Charge A is as follows: “The court charges the jury that the fact, if it be a fact, that defendant had a United States revenue license Avould not of itself be sufficient to authorize the jury to convict the defendant, but it is only a circumstance which may be considered along with all the other evidence in the case, to which the jury may look in determining whether or not the defendant is guilty.” The indictment contained…
1Opinion of the CourtPelham, J.
Conviction upon each of the two separate counts' of the indictment is authorized. — Acts 1909 (Sp. Sess.) p. 91, § BO. Proof of different sales offered under the different counts within the punishable period was competent evidence and properly admitted.
*112The payment of a retail liquor dealer’s special United States revenue tax or license, covering the place and period in question, is made by statute prima facie evidence that .the party paying the same sold, or offered for •.sale, the prohibited liquor; and such evidence is therefore entitled to be considered by the jury with more weight than a…
2Cases cited1 opinion
- Carson v. StateAlabama Court of Appeals · 1912
3Cited by3 opinions
- Harwell v. StateAlabama Court of Appeals · 1914
- Moragne v. StateAlabama Court of Appeals · 1917
- Thames v. StateAlabama Court of Appeals · 1914