Phillips v. State
Supreme Court of Alabama
Appeal from Randolph Circuit Court. . Heard before Hon. S. L. Brewer. Bill Phillips was convicted of retailing liquors without a license, and appeals. The facts are sufficiently stated in the opinion of the court. The following charges were requested by defendant, and refused: “(1) I charge you, gentlemen of the jury, that if the defendant, Bill Phillips, was acting as the agent of the purchaser in buying the Avhisky in question, you Avill acquit him.
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Appeal from Randolph Circuit Court. . Heard before Hon. S. L. Brewer. Bill Phillips was convicted of retailing liquors without a license, and appeals. The facts are sufficiently stated in the opinion of the court. The following charges were requested by defendant, and refused: “(1) I charge you, gentlemen of the jury, that if the defendant, Bill Phillips, was acting as the agent of the purchaser in buying the Avhisky in question, you Avill acquit him. (2) I charge you, gentlemen of the jury, that if you believe from the evidence that the witness L. Y. Wright left the money with the defendant…
1Opinion of the CourtSimpson, J.
The appellant was convicted, under an indictment charging that he “sold spirituous, vinous, or malt liquors Avithout a license, contrary to law.” The bottle and its contents were offered in evidence, and admitted over the objection of the defendant. There is no intimation in the record, at this point, that there was any proposal for the jury to take the bottle out, in their retirement, “to be smelled or drunk or *143tasted.” — Wadsworth v. Dunnam, 117 Ala. 661, 668, 23 Sounth. 699. There ivas no error in permitting the bottle to be exhibited in the presence of the court.
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2Cases cited2 opinions
- Hale v. StateSupreme Court of Alabama · 1898
- Wadsworth v. DunnamSupreme Court of Alabama · 1897
3Cited by10 opinions
- Lamb v. StateSupreme Court of Florida · 1925
- State v. RileyUtah Supreme Court · 1911
- Abercrombie v. StateAlabama Court of Appeals · 1948
- Nix v. City of AndalusiaAlabama Court of Appeals · 1926
- Birmingham Railway, Light & Power Co. v. HumphriesSupreme Court of Alabama · 1910
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