Dunn v. State
Alabama Court of Appeals
Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. Earl Dunn was convicted of violating tbe prohibition laws, and be appeals.
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Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. Earl Dunn was convicted of violating tbe prohibition laws, and be appeals. Tbe charge given for tbe state was erroneous as a charge upon tbe effect of evidence, and as authorizing a conviction without proof of guilt beyond a reasonable doubt. — Huffman v. State, 29 Ala. 40; Morrison v. State, 151 Ala. 115; Whittaker v. State, 105- Ala. 34; Pearson v. State, 99 Ala. 148; Heath v. State, 99 Ala. 179; Buchanan v. State, 109 Ala. 11. Defendant was entitled to have the jury instructed as requested by him. The charge…
1Opinion of the CourtThomas, J.
The defendant was charged with selling, offering for sale, keeping for sale, or otherwise disposing of prohibited liquors. There was evidence for the state tending to show, among other things, that on the day of and shortly before his arrest defendant sold a pint of whisky to one of the state’s witnesses, and that his premises (the store in which he was conducting a restaurant and soda fountain) were searched and 11% pints of liquor found therein. The court in its oral charge, after instructing the jury on the subject of a sale, then proceeded to instruct them on the subject of keeping for…
2Cases cited1 opinion
- Pugh v. StateAlabama Court of Appeals · 1912
3Cited by12 opinions
- Harris v. StateCourt of Criminal Appeals of Alabama · 1982
- Beckley v. StateCourt of Criminal Appeals of Alabama · 1977
- Yarber v. StateCourt of Criminal Appeals of Alabama · 1981
- Breedwell v. StateAlabama Court of Appeals · 1956
- Wyman v. StateCourt of Criminal Appeals of Alabama · 1972
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