Thomas v. State
Alabama Court of Appeals
Violating Prohibition Law. Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. Marion Thomas was convicted of violating the prohibition law, and he appeals.
Read the full summary
Violating Prohibition Law. Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. Marion Thomas was convicted of violating the prohibition law, and he appeals. The oral charge excepted to is as follows: If you find from the evidence, beyond a reasonable doubt, that the defendant had in his store prohibited liquors, such as whisky and gin, and that said store was not used exclusively as a dwelling place, this would be prima facie evidence that he kept said whisky and gin for sale, or with the intent to sell the same, contrary to law. Charge refused to defendant. If there is…
1Opinion of the CourtPelham, P. J.
The defendant was convicted of violating the law to suppress the evils of intemperance.
(1, 2) There was no merit in the defendant’s objection' to the general question propounded to the state’s wit*248ness McCulloch to “tell the jury just what you did and what you found at this time and place,” referring to an occasion that the witness had stated was on the 27th of December, 1913, when the witness, as an officer of the law, in company with another named officer,, searched the store of the defendant and found certain quantities of whisky and gin. The question was not objectionable as being too…
2Cases cited8 opinions
- Ex parte DavisSupreme Court of Alabama · 1913
- Walker v. StateSupreme Court of Alabama · 1908
- Frederick v. GoodbeeSupreme Court of Louisiana · 1908
- Kennedy v. StateSupreme Court of Alabama · 1913
- Kirkwood v. StateAlabama Court of Appeals · 1912
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Woods v. State Ex Rel. KeySupreme Court of Alabama · 1945
- Cusimano v. StateAlabama Court of Appeals · 1937
- Ex parte Thomas v. StateSupreme Court of Alabama · 1915
- Robinson v. StateSupreme Court of Alabama · 1919