Martin v. State
| Decision Date | 11 April 1922 |
| Docket Number | 8 Div. 848. |
| Citation | 92 So. 913,18 Ala.App. 434 |
| Parties | MARTIN v. STATE. |
| Court | Alabama Court of Appeals |
Appeal from Circuit Court, Jackson County; W. W. Haralson, Judge.
Babe Martin was convicted of violation of the prohibition law, and appeals. Affirmed.
Harwell G. Davis, Atty. Gen., and Lamar Field, Asst. Atty. Gen., for the State.
This defendant was indicted, tried, and convicted for violating the prohibition law, and appeals.
The state contended that within the period of time covered by the indictment the defendant sold one quart of whisky to the state witness Medlock. There was ample evidence, if believed by the jury beyond a reasonable doubt, upon which to predicate a verdict of guilty.
Only two exceptions were reserved to the rulings of the court upon this trial. The witness Gullatt, while testifying in behalf of defendant on cross-examination, volunteered the statement that "he did not think that the defendant was guilty." Upon motion of the solicitor, the court properly excluded this statement. The exception of the defendant to this ruling is without merit, as the opinion of this witness could not be substituted for that of the jury, and it was for the determination of the jury to decide this, the only issue involved upon this trial.
The argument of the solicitor was not subject to the objection interposed thereto, and the court properly overruled same.
The record is without error. Judgment of conviction affirmed.
Affirmed.
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Jarrell v. State, 5 Div. 445.
... ... could, that such reputation was bad, and to that end could ... have called Tom Lindsey. Hence the principle declared in ... Earle v. State, supra, does not have application here ... The ... State relies upon the case of Martin v. State, 18 ... Ala.App. 434, 92 So. 913. In that case the solicitor for the ... State, in his argument to the jury, said: 'Sam Gullat is ... the only man brought from that community to testify for the ... defendant as to his good character.' We think the ... argument here complained of is of ... ...
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McDowell v. State
...argument made by opposing counsel. Bardin v. State, 143 Ala. 74, 38 So. 833; Nicholson v. State, 149 Ala. 61, 42 So. 1015; Martin v. State, 18 Ala.App. 434, 92 So. 913; Earle v. State, 1 Ala.App. 183, 56 So. The remarks of the solicitor here in question are within that principle. There is n......
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