Yates v. State

SIMPSON, Judge.

The conviction was in a dry county for violation of the prohibition law. Code 1940, Tit. 29, § 98.

Locked in the “turtle back” of his automobile were thirty-six pints of whiskey which the defendant stated “belonged to him” — said “it was his whiskey.” He produced the key with which to unlock the compartment. This evidence was without dispute. The defendant elected not to offer any testimony, but rested upon conclusion of the State’s case.

Under the prevailing rule, there was no error in giving for the State the general affirmative charge, duly requested in writing. Where the…