Dorsey v. State

• Decision Date: 09 May 1922
• Docket Number: 5 Div. 402.
• Citation: 93 So. 268,18 Ala.App. 488
• Parties: DORSEY v. STATE.
• Court: Alabama Court of Appeals

93 So. 268

18 Ala.App. 488

DORSEY v. STATE.

5 Div. 402.

Court of Appeals of Alabama

May 9, 1922

Appeal from Circuit Court, Elmore County; B. K. McMorris, Judge.

Jim Dorsey was convicted of selling, keeping for sale, giving away, or having in his possession spirituous, vinous, malt, or alcoholic liquors, and he appeals. Affirmed.

Holley & Milner, of Wetumpka, for appellant.

Harwell G. Davis, Atty. Gen., for the State.

MERRITT, J.

From a conviction in the county court, charging him with selling, keeping for sale, giving away, or having in his possession spirituous, vinous, malt, or alcoholic liquors, the appellant appealed to the circuit court, where under a complaint charging a like offense he was again convicted.

In the circuit court the appellant filed a plea of autrefois acquit, and the judgment entry recites that the state's demurrer to this plea was sustained. The demurrer, however, nowhere appears in the record, and the presumption will be indulged that the ruling of the court thereon is correct.

There is no bill of exceptions in the record, and the time for having one signed has expired. We find no error in the record, and the judgment appealed from is affirmed.

Affirmed.