Spelce v. State
Alabama Court of Appeals
Appeal from Circuit Court, Madison County ; Robert C. Brickell, Judge. Edd Spelce was tried and convicted on a charge of having possession of prohibited liquors contrary to law after January 25, 1919, and from the judgment he appeals. Under the evidence, the defendant was entitled to the affirmative charge, and the court erred in not granting his motion for a new trial. 16 Ala. App. 152, 75 South. 828: 16 Ala.
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Appeal from Circuit Court, Madison County ; Robert C. Brickell, Judge. Edd Spelce was tried and convicted on a charge of having possession of prohibited liquors contrary to law after January 25, 1919, and from the judgment he appeals. Under the evidence, the defendant was entitled to the affirmative charge, and the court erred in not granting his motion for a new trial. 16 Ala. App. 152, 75 South. 828: 16 Ala. App. 151, 75 South. 827 ; 81 South. 366; 65 South. 683; 90 Ala. 630, 8 South. 383, 24 Am. St. Rep. 850.
1Opinion of the CourtSamford, J.
[1] The original affidavit charged that defendant “had in. his possession or stored, or kept for sale, spirituous, vinous or malt liquors contrary to law.” On the trial, over the objection and exception of the defendant, the solicitor was permitted to amend the affidavit so as to charge that the defendant, “after January 25,1919, had in his possession spirituous, vinous or malt liquors contrary to law,” the amended affidavit being reverified by the original party making it, before the original officer before whom the affidavit was made. The court did hot err in this ruling. 4 Ency. Dig. Ala.…
2Cases cited4 opinions
- Jones v. StateSupreme Court of Alabama · 1891
- Oldacre v. StateAlabama Court of Appeals · 1917
- Fair v. StateAlabama Court of Appeals · 1917
- Perry v. StateAlabama Court of Appeals · 1914
3Cited by14 opinions
- Ammons v. StateAlabama Court of Appeals · 1924
- Kennedy v. StateAlabama Court of Appeals · 1958
- Gay v. StateAlabama Court of Appeals · 1923
- Harbin v. StateAlabama Court of Appeals · 1923
- Riley v. StateAlabama Court of Appeals · 1938
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