Legal Opinion

Gaither v. State

Alabama Court of Appeals

Decided June 30, 1925No. 5 Div. 567PublishedCited by 3 opinions

1Opinion of the CourtSamford, J.

It is first insisted in brief that the circuit court has no jurisdiction be cause of a failure to file with the circuit court a transcript of the trial and conviction in the county court in which the prosecution originated. This defect has now been cured by a return to the writ of certiorari heretofore issued from this court.

There was evidence from which the jury could infer that the defendant had in his possession a 10-gallon keg containing whisky, and therefore the general charge was properly refused.

The whisky is alleged to have been in a Ford car in which defendant and another were…

2Cases cited13 opinions

  1. Edwards v. StateSupreme Court of Alabama · 1920
  2. Russell v. StateSupreme Court of Alabama · 1918
  3. Diamond v. StateAlabama Court of Appeals · 1916
  4. Patterson v. StateSupreme Court of Alabama · 1915
  5. Butler v. StateAlabama Court of Appeals · 1917

8 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Harris v. StateAlabama Court of Appeals · 1930
  2. Ex Parte GaitherSupreme Court of Alabama · 1925
  3. Frazier v. StateCourt of Criminal Appeals of Alabama · 2017

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API