Legal Opinion

Denham v. State

Alabama Court of Appeals

Decided April 19, 1921No. 8 Div. 739PublishedCited by 2 opinions

Appeal from Circuit Court, Marshall County ; W. W. Harralson, Judge. William A. Denham was convicted of violating the prohibition law, and he appeals. The affidavit and complaint sufficiently •appear from the opinion. The following charges were refused the defendant: (1-3) There is no evidence that the defendant disposed of any liquor to witness Beard on the night in question.

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Appeal from Circuit Court, Marshall County ; W. W. Harralson, Judge. William A. Denham was convicted of violating the prohibition law, and he appeals. The affidavit and complaint sufficiently •appear from the opinion. The following charges were refused the defendant: (1-3) There is no evidence that the defendant disposed of any liquor to witness Beard on the night in question. (4) You have the right to consider all the testimony to arrive at the motives as well as the acts of the witnesses, and, if you have a reasonable doubt as to whether the liquor belonged to Denham or to Beard, then the…

1Opinion of the CourtBrioken, P. J.

This prosecution originated in the county court upon an affidavit and warrant, the affidavit being made by one R. L. Amos, and (omitting the formal parts thereof) charged that the defendant “did violate the prohibition laws of the state of Alabama,” etc.

From a judgment of conviction in the county court defendant appealed to the circuit court, and was there tried upon a complaint filed by the solicitor under the provisions of section 6730 of the Oode 1907. This complaint was as follows:

“Complaint Filed in Circuit Court. State of Alabama, Marshall County. In the Circuit Court of Albertville,…

2Cases cited2 opinions

  1. Ex Parte State, in re Brooms v. StateSupreme Court of Alabama · 1916
  2. Thomas v. StateAlabama Court of Appeals · 1915

3Cited by2 opinions

  1. Slater v. StateSupreme Court of Alabama · 1935
  2. Ellis v. StateAlabama Court of Appeals · 1926

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