Hemby v. State

• Decision Date: 27 November 1934
• Docket Number: 4 Div. 66
• Citation: 26 Ala.App. 273,160 So. 119
• Parties: HEMBY v. STATE.
• Court: Alabama Court of Appeals

160 So. 119

26 Ala.App. 273

HEMBY v. STATE.

4 Div. 66

Court of Appeals of Alabama

November 27, 1934

Rehearing Denied Dec. 18, 1934

Appeal from Circuit Court, Geneva County; Emmet S. Thigpen, Judge.

Casper alias C.C. Hemby, was convicted of violating the prohibition law, and he appeals.

Affirmed.

Certiorari denied by Supreme Court in Hemby v. State (4 Div 799) 160 So. 120.

E.C Boswell, of Geneva, for appellant.

Thos. E. Knight, Jr., of Montgomery, for the State.

BRICKEN Presiding Judge.

The indictment in this case contained one count which charged this appellant with the offense of violating the prohibition law by having whisky in his possession. The evidence upon the trial was in conflict and therefore presented a jury question. The jury returned a verdict of "guilty as charged in the indictment" and assessed a fine of $50. The defendant having failed to pay the fine and costs, or to secure same, the court sentenced him to hard labor for the county designating the required time at hard labor to pay the fine and cost, and added four months' hard labor thereto. The judgment of conviction appears regular in all respects. This appeal is taken therefrom.

But one question is presented for our consideration and this relates to a certain ruling of the court upon the admission of the evidence.

The defendant elected to and testified in his own behalf, and denied that he had the whisky in his possession as had been testified to by state witness Hall. On his direct examination he also testified: "He arrested my father. I don't know whether he called it arresting me or not. I had done got in the car. He didn't say a word about arresting me when I came back there. We went on to the calaboose from there. He took me off and talked to me after locking my father up. He didn't say anything about locking me up. He was talking about a fire that was up there, wanted me to tell what I knew about it. I told them I didn't know anything about it then after I didn't give them any information they carried me back to the lock-up. He didn't have a statement prepared and wanted me to sign it. That was the first time he said anything about locking me up, after I had talked about this other case. He carried me back to the jail and told me I could help him, and if I would help him he would help me, that was after we first talked. I told him I didn't know anything, if I knew anything I would help him. When me, Mr. Hall and Mr. West was up there talking Mr. Hall made a statement to me with...