Franks v. State, 8 Div. 676
| Decision Date | 22 February 1938 |
| Docket Number | 8 Div. 676 |
| Citation | 179 So. 649,28 Ala.App. 132 |
| Parties | FRANKS v. STATE. |
| Court | Alabama Court of Appeals |
Rehearing Denied March 8, 1938
Appeal from Law and Equity Court, Lauderdale County; W.H. Quillin Judge.
Alvin Franks was convicted of unlawfully possessing prohibited liquor, and he appeals.
Affirmed.
J. Foy Guin, of Russellville, for appellant.
A.A Carmichael, Atty. Gen., and Effie Crittenden, Asst. Atty Gen., for the State.
The evidence in this case for the State tends to prove that the sheriff and deputy sheriffs, of the county of Franklin executed a search warrant on the premises of defendant and found something more than 17 gallons of "wildcat" whisky, in containers ranging from pint bottles to 1-gallon bottles or jugs. This whisky was found at various places on defendant's premises in close proximity to his residence and barn, with paths and tracks leading to the place where the whisky was found. Under the defendant's house was found a lot of pint bottles, demijohns and a siphon tube and a funnel.
There was other evidence tending to prove that the defendant had knowledge of the fact that the whisky was on his premises and there were inferences from the testimony indicating that the defendant was the owner. The law does not contemplate the conviction of any persons for the possession of whisky, when such possession is unknown to the accused. But, a constructive possession with full knowledge on the part of the defendant, and after such knowledge he permits the prohibited liquors to remain on his premises, is a violation of the law, and the defendant may be convicted if such are the facts. The question was for the jury and the general affirmative charge, requested by the defendant, was properly refused.
It is insisted by appellant's counsel that the trial court lost jurisdiction to pass sentence upon the defendant, for the reason that the verdict of the jury was returned on Monday, the first day of the term, and the sentence was not imposed until Friday afternoon of the same week.
Under Local Acts of the Legislature of 1923, p. 272, under authority of which the law and equity court of Franklin county was established, it is provided: "That the Court shall be held at the court house of Franklin County, and that said court shall be open at all times for the trial of cases and the transaction of business." Section 10, p. 274. There is nothing in this record to...
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Browning v. State
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Burt v. State, 7 Div. 269
...liquors to remain on his premises, is a violation of the law, and the defendant may be convicted if such are the facts.' Franks v. State, 28 Ala.App. 132, 179 So. 649. It is quite difficult to find helpful authorities on the question of instant concern because of dissimilar factual foundati......
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Canada v. State, 7 Div. 929
...over sentencing on an incompleted case so long as the judge continues the matter to a definite time "during the term," Franks v. State, 28 Ala.App. 132, 179 So. 649 (1938); Corrunker v. State, 19 Ala.App. 500, 98 So. 363 (1923), or "from term to term," Clanton v. State, 96 Ala. 111, 11 So. ......
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Thomas v. State
...liquors to remain on his premises, is a violation of the law, and the defendant may be convicted if such are the facts.' Franks v. State, 28 Ala.App. 132, 179 So. 649. Without the testimony of Bryant it could not be logically urged that the defendant was due the general affirmative charge. ......