Peterson v. State
Alabama Court of Appeals
Appeal from Circuit Court, Crenshaw County; A. E. Gamble, Judge. John Peterson was convicted of violating the prohibition law, and he appeals. The evidence tended to show that on a Sunday morning two of the witnesses went to the home of the defendant, and, while one remained on the outside, the other went in and purchased a half pint of rum. The defendant’s evidence tended to contradict this. The judgment was not sufficient. 123 Ala. 48, 20 South. 512; 12; Ala.
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Appeal from Circuit Court, Crenshaw County; A. E. Gamble, Judge. John Peterson was convicted of violating the prohibition law, and he appeals. The evidence tended to show that on a Sunday morning two of the witnesses went to the home of the defendant, and, while one remained on the outside, the other went in and purchased a half pint of rum. The defendant’s evidence tended to contradict this. The judgment was not sufficient. 123 Ala. 48, 20 South. 512; 12; Ala. App. 230, 67 South. 719. The evidence was not sufficient to support the verdict, and this court should so declare. Acts 1915, p. 940.…
1Opinion of the CourtMerritt, J.
[1] The appellant was tried by the court, without the intervention of a jury, for a violation of the prohibition laws, and was convicted. The judgment entry recites that it is “ordered and adjudged by the court that the- defendant is guilty, and assesses a fine against him of $100, together with the cost.” Immediately following this, and as a part of the judgment entry, is the judgment of sentence pronounced by the court, showing that upon the failure of the defendant to pay or confess the fine and cost “he is formally sentenced to hard labor for the county for 30 days to pay the fine, *' * *…
2Cases cited4 opinions
- Maisel v. StateAlabama Court of Appeals · 1919
- Ross v. StateAlabama Court of Appeals · 1916
- Smith v. StateAlabama Court of Appeals · 1912
- Franklin v. StateAlabama Court of Appeals · 1914
3Cited by14 opinions
- Messelt v. StateCourt of Criminal Appeals of Alabama · 1977
- Jaye v. StateAlabama Court of Appeals · 1930
- Moseley v. StateCourt of Criminal Appeals of Alabama · 1974
- Winchester v. StateAlabama Court of Appeals · 1940
- Pride v. StateAlabama Court of Appeals · 1947
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