Legal Opinion

Denham v. State

Alabama Court of Appeals

Decided April 6, 1920No. 8 Div. 734PublishedCited by 6 opinions

Appeal from Circuit Court, Marshall County; W. W. Haralson, Judge. William A. Denham was convicted of violating the prohibition law, and he appeals. The following charges were refused to the defendant: (1) The court charges the jury that, Bryant being an accomplice in the offense charged, the defendant cannot be convicted on the evidence in this case.

Read the full summary

Appeal from Circuit Court, Marshall County; W. W. Haralson, Judge. William A. Denham was convicted of violating the prohibition law, and he appeals. The following charges were refused to the defendant: (1) The court charges the jury that, Bryant being an accomplice in the offense charged, the defendant cannot be convicted on the evidence in this case. (2) The court charges the jury that under the evidence they cannot convict the defendant of selling prohibited liquors or beverages. (3) The court charges the jury that, if you have a reasonable doubt as to the place where or the person from…

1Opinion of the CourtBricken, P. J.

This prosecution originated in the county court; the defendant in that court being charged with the offense of selling one quart of whisky to one John J. Bryant, who made the affidavit upon which the prosecution was based.

[1] From a judgment of conviction in the county court the defendant appealed to the circuit court, and was there tried by a jury on a complaint filed by the solicitor, as provided by Code 1907, § 6730. This complaint, however, in no sense confined the charge against the defendant to that originally made in the county court. To the contrary, the complaint filed by the…

2Cases cited4 opinions

  1. Echols v. StateAlabama Court of Appeals · 1917
  2. Moore v. StateSupreme Court of Alabama · 1910
  3. Ex Parte StateSupreme Court of Alabama · 1917
  4. Maxwell v. StateAlabama Court of Appeals · 1918

3Cited by6 opinions

  1. Broglan v. StateAlabama Court of Appeals · 1920
  2. Brasher v. StateAlabama Court of Appeals · 1927
  3. Green v. StateAlabama Court of Appeals · 1927
  4. Hayes v. StateAlabama Court of Appeals · 1947
  5. Clonts v. StateAlabama Court of Appeals · 1923

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

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

Powered by the Exa API