Wade v. State
Supreme Court of Alabama
Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. Tom Wade was convicted of violating tlie prohibition law and he appeals. Counsel discuss the demurrers to the affidavit and cite authorities in support of their contention, but in view of what is said in the opinion it is not deemed necessary to here set them out.
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Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. Tom Wade was convicted of violating tlie prohibition law and he appeals. Counsel discuss the demurrers to the affidavit and cite authorities in support of their contention, but in view of what is said in the opinion it is not deemed necessary to here set them out. The court erred in overruling the motion to exclude the testimony of Jack Lambert, as it showed no sale. — 86 Ala. 288. The demurrers cannot be considered as they are not shown by the record. The court will not review the finding of the court on the facts, nor…
1Opinion of the CourtSimpson, J.
The appellant was convicted of the offense of selling spirituous., vinous or malt liquors contrary to law. The demurrer to the affidavit is not set out in the transcript proper, and therefore the refer- . ence to it in the bill of exceptions is not sufficient to authorize this court to consider it.—L. & N. R. R. Co. *34v. McCooi, 167 Ala. 644, 52 South. 656; Sivoly v. Scott, 56 Ala. 555.
There was uo error in the refusal by the court to exclude the testimony offered by the state. The witness Lambert stated distinctly that he bought the whisky from the defendant. The fact that the witness stated,…
2Cases cited2 opinions
- Sivoly v. ScottSupreme Court of Alabama · 1876
- Louisville & Nashville R. R. v. McCoolSupreme Court of Alabama · 1910
3Cited by7 opinions
- Watts v. StateSupreme Court of Alabama · 1912
- Opinion of JusticesSupreme Court of Alabama · 1945
- Liverpool London Globe Ins. Co v. McCreeSupreme Court of Alabama · 1924
- Laymon v. BraddockSupreme Court of Alabama · 1989
- Moss v. StateAlabama Court of Appeals · 1917
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