Doss v. State
Alabama Court of Appeals
Violating Prohibition Load. Appeal from Perry Circuit Court. Heard before Hon. B. M. Miller. George Doss ivas convicted of violating the prohibition laiv, and appeals.
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Violating Prohibition Load. Appeal from Perry Circuit Court. Heard before Hon. B. M. Miller. George Doss ivas convicted of violating the prohibition laiv, and appeals. The state introduced but one witness, Armstead Bol-ling, who testified to having purchased liquor from the defendant, but as not remembering how or when, and that the money was not paid, but ivas left at this place, the amount of which the witness did not remember; said she could not tell whether it ivas within 12 months before the grand jury or not. A great many questions were asked touching the time, all of which were…
1Opinion of the CourtPelham, J.
The record in this case shows that the court allowed the solicitor extreme latitude in examining the only witness introduced to make out the state’s cáse in endeavoring to elicit from the witness that the sale of whisky, testified to as having been made by the defendant, was within the punishable period. This fact, essential to be'proven to support a conviction, was not shown by the, statement of the witness, as set out in the bill of exceptions; and the court was in error in refusing the general charge requested in writing by the defendant. — Yancey v. State, 1 Ala. App. 226, 55 South. 267;…
2Cases cited4 opinions
- Molett v. StateSupreme Court of Alabama · 1859
- Armistead v. StateSupreme Court of Alabama · 1869
- Yancey v. StateAlabama Court of Appeals · 1911
- Hurt v. StateSupreme Court of Alabama · 1876
3Cited by2 opinions
- Hendrix v. StateAlabama Court of Appeals · 1914
- Holley v. StateAlabama Court of Appeals · 1913