Gilbert v. State

• Decision Date: 20 June 1922
• Docket Number: 4 Div. 712.
• Citation: 93 So. 216,18 Ala.App. 606
• Parties: GILBERT v. STATE.
• Court: Alabama Court of Appeals

93 So. 216

18 Ala.App. 606

GILBERT v. STATE.

4 Div. 712.

Court of Appeals of Alabama

June 20, 1922

Appeal from Circuit Court, Houston County; H. A. Pearce, Judge.

Sam Gilbert was convicted of violating the prohibition law, and he appeals. Affirmed.

Reid & Doster, of Dothan, for appellant.

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

BRICKEN, P.J.

The defendant's special plea was no answer to the indictment, and the court properly sustained demurrers thereto. Wesley Powell v. State (Ala. App.) 90 So. 138; Ricketts v. State (Ala. App. 90 So. 137.

Each ruling of the court upon the testimony, to which exception was reserved, has been examined, and there appears no error in this connection which could injuriously affect the substantial rights of the defendant. The evidence was in conflict, and was therefore a question for the determination of the jury. The affirmative charge, requested by defendant, was properly refused.

No other question is presented for review. The record proper is free from error, and the judgment of the circuit court is affirmed.

Affirmed.