Roden v. State
Alabama Court of Appeals
Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Pick Roden was convicted of violating the prohibition law and he appeals. For want of proof of some of the necessary elements charged, the defendant was entitled to the affirmative charge — Childs’ case, 55 Ala. 28. The court erred in permitting the revenue license to go to the jury.
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Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Pick Roden was convicted of violating the prohibition law and he appeals. For want of proof of some of the necessary elements charged, the defendant was entitled to the affirmative charge — Childs’ case, 55 Ala. 28. The court erred in permitting the revenue license to go to the jury. The evidence is sufficient to authorize the finding that the act was committed within twelve months preceding the. indictment. — Ellsberry v. The Slate, 52 Ala. 8; Hubbard v. The State, 72 Ala. 166. The court properly permitted the introduction…
1Opinion of the CourtWalker, P. J.
The indictment in this case charged that the defendant “sold, offered for sale, kept for sale, or otherwise disposed of spirituous, vinous or malt liquor, contrary to law,” etc. On the trial of such a charge the statute (Acts 1909, p. 84, § 22%) makes it “competent to prove that the party charged has for the place and period of time involved paid a wholesale or retail dealer’s * * special United States internal revenue tax, according as the charge may be.” Under this statute it was permissible to receive in evidence a United States internal revenue’collector’s receipt for the special tax on…
2Cited by11 opinions
- Diamond v. StateCourt of Criminal Appeals of Alabama · 1978
- Holloway v. StateAlabama Court of Appeals · 1952
- Nix v. StateAlabama Court of Appeals · 1945
- Watson v. StateAlabama Court of Appeals · 1924
- Williams v. StateAlabama Court of Appeals · 1965
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