Ogles v. State
| Decision Date | 01 August 1916 |
| Docket Number | 8 Div. 464 |
| Parties | OGLES v. STATE. |
| Court | Alabama Court of Appeals |
Appeal from Law and Equity Court, Morgan County; Thomas W. Wert Judge.
Jim Ogles was convicted of violating the prohibition law, and he appeals. Affirmed.
The following are the charges refused to defendant:
1 and 2. General affirmative charge.
(3) I charge you that the material or beer found in the barrels and box was not one of the liquors or beverages prohibited by law.
C.L. Price and G.O. Chenault, both of New Decatur, for appellant.
W.L Martin, Atty. Gen., and Harwell G. Davis, Asst. Atty. Gen for the State.
The defendant's objection to going to trial at the adjourned term of the court upon the ground that the court at the time the defendant was arraigned for trial was not legally in session was not well taken. The record shows an order of the court made during regular term time, providing for holding the adjourned term at which the defendant is shown to have been tried. This term, in effect, was but a continuation of the regular term. Under section 3 of the act creating the Morgan county law and equity court, the judge thereof is given the same powers as circuit judges. Local Acts 1907, p 194. Circuit judges, by the general laws, are given power to call special or adjourned terms of the court. Code 1907, § 3292. The judge of the law and equity court had full power to call and hold the adjourned term of the court at which the defendant was tried. Hafley v. State, 8 Ala.App. 378, 382, 62 So. 319; Town of Athens v. Miller, 190 Ala. 88, 66 So. 702. See, also, Ex parte Brown, 72 So. 772.
The fact that a liquor is shown to have the same door and general appearance of whisky is, by statute, made prima facie evidence of the fact. Acts 1915, p. 33, § 32 1/2. Moreover, the witness Hanby, after testifying to the liquor having the odor and general appearance of whisky, testified that he "took it [[[the liquor in question] to be whisky." See, also, Strange v. State, 5 Ala.App. 164, 59 So. 691; Woodward v. State, 5 Ala.App. 202, 59 So. 688; Warrick v. State, 8 Ala.App. 391, 62 So. 342.
The witness Hanby testified to finding about three quarts of whisky in the defendant's house, besides the several barrels of beer (about 500 gallons) near the house, and possession of over one-half gallon of alcoholic liquors is a violation of law and also prima facie evidence that the same is kept for an unlawful purpose. Acts 1915, pp. 44, 45, 47.
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White v. State
...appellant. William L. Martin, Atty. Gen., and Perry W. Turner, Asst. Atty. Gen., for the State. PELHAM, P.J. The recent cases of Jim Ogles v. State, 72 So. 598, Ex parte E.M. Brown, 72 So. 772, In which opinions were rendered on August 1, 1916 (special August term, 1916), in effect dispose ......
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Ex parte Brown
...term of the court to a future day not within the regular term. Code 1907, § 3249; Hafley v. State, 8 Ala.App. 378, 62 So. 319; Ogles v. State, 72 So. 598. adjourned term is but a continuation of the regular term, and the court may exercise all the authority and jurisdiction at an adjourned ......
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Brown v. State
...been passed upon by this court adversely to the defendant's contention. Ex parte Brown, 72 So. 772; White v. State, 72 So. 771; Ogles v. State, 72 So. 598; Dock McDaniel State, 75 So. 173. The defendant contends that section 32 of the liquor law of 1915 (Laws 1915, p. 32), providing for a j......
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McDaniel v. State
... ... of selling spirituous, vinous, and malt liquors contrary to ... law, and from said judgment of conviction he appeals. On the ... trial of the case, by motion and otherwise, the regularity of ... the adjourned term of the court was raised ... But the ... recent cases of Ogles v. State, [16 Ala.App. 29] 72 ... [75 So. 174.] White v. State, 72 ... So. 771, in effect dispose of defendant's objections and ... questions presented on this appeal with reference to the ... organization of the court and the regularity of the indictment ... contrary to the defendant's ... ...