Kirk v. State
Alabama Court of Appeals
Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wekt. Jim Kirk was convicted of keeping an unlawful drinking place, and be appeals. Tbe prosecution was commenced by affidavit made by one H. H. Wrigbt on February 6, 1913, charging the commission of the offense of maintaining an unlawful drinking place by one Jim Kirk, alias Scrap.
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Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wekt. Jim Kirk was convicted of keeping an unlawful drinking place, and be appeals. Tbe prosecution was commenced by affidavit made by one H. H. Wrigbt on February 6, 1913, charging the commission of the offense of maintaining an unlawful drinking place by one Jim Kirk, alias Scrap. When the case Avas called for trial, demurrer was sustained to the affidavit, and by leave of the court the solicitor amended the affidavit by striking out the name Scrap and inserting the name James Kirk, against the timely objection of…
1Opinion of the CourtWalker, P. J.
The court was not in error in permitting an amendment of the affidavit upon which the defendant was prosecuted. — Wright v. State, 136 Ala. 139, 34 South. 233.
A deputy sheriff, as a witness for the state, testified as to the sheriff and himself going to the defendant’s place of business and finding the defendant behind the counter and a crowd of negroes in front of it, the counter having on it several empty beer bottles, a whisky glass about half full of whisky, and bar fixtures, spoons, glasses; and bottles of beer on ice back of the counter. Over the objection of the defendant, and in…
2Cases cited5 opinions
- Western Steel Car & Foundry Co. v. CunninghamSupreme Court of Alabama · 1908
- Wright v. StateSupreme Court of Alabama · 1902
- Wesley v. StateSupreme Court of Alabama · 1875
- Anderson v. StateSupreme Court of Alabama · 1909
- Young v. StateSupreme Court of Alabama · 1907
3Cited by7 opinions
- Duncan v. State.Court of Criminal Appeals of Alabama · 1983
- Bridgeforth v. StateAlabama Court of Appeals · 1916
- Cincinnati, N. O. & T. P. Ry. Co. v. Vredenburgh Saw Mill Co.Alabama Court of Appeals · 1915
- Hall v. StateAlabama Court of Appeals · 1914
- Farrior v. StateAlabama Court of Appeals · 1915
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