Riggs v. State
| Decision Date | 22 December 1927 |
| Docket Number | 4 Div. 324 |
| Citation | 217 Ala. 102,115 So. 1 |
| Parties | RIGGS v. STATE ex rel. JONES, Solicitor. |
| Court | Alabama Supreme Court |
Appeal from Circuit Court, Covington County; W.L. Parks, Judge.
Petition or bill in equity by the State of Alabama, on the relation of R.H. Jones, Solicitor, to condemn an automobile, in the possession and control of A.L. Riggs, which was seized while being used in the illegal transportation of prohibited liquor. From a decree of condemnation, respondent, Riggs, appeals. Affirmed.
Hybart, Hare & Dickey, of Evergreen, for appellant.
Charlie C. McCall, Atty. Gen., for appellee.
The rules of evidence in civil actions govern in proceedings in the name of the state for condemnation of vehicles used in the transportation of prohibited liquors. 33 C.J. p. 687; Dowda v. State, 203 Ala. 441, 83 So. 324; Toole v. State, 170 Ala. 41, 54 So. 195.
No predicate was required for the introduction of the declarations of the owner tending to connect him with the illegal act. They are admissible as declarations against interest in civil actions, not as confessions in criminal prosecutions.
Evidence of good character of the owner and claimant in the proceeding, either generally or as regards handling and dealing in liquors, was properly rejected. Drummond v. Drummond, 212 Ala. 242, 102 So. 112, 114; Greenwood Café v. Walsh, 15 Ala.App. 519, 74 So. 82; 22 C.J. p. 473, § 564.
That liquors were being transported in the car, and that the owner was in the car at the time is not denied. The evidence fully supports the charge that the owner was participating, or was acquiescing in such transportation by his friend and traveling companion.
Affirmed.
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Lovett v. State
... ... There can be but ... little controversy that the State fully met its burden of ... proof in this regard. The rules of evidence in civil actions ... govern in proceedings such as this for the forfeiture and ... destruction of liquors which are being kept or used for ... illegal sale. Riggs v. State, 217 Ala. 102, 115 So ... 1, and authorities there cited ... We ... think the case against the appellant sufficiently sustained ... under the evidence to warrant the judgment of condemnation ... As to ... the question of whether or not the liquors in suit were ... ...
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Snead v. United States
...It has been expressly held that evidence of good character of the owner should be excluded in forfeiture proceedings. Riggs v. State ex rel. Jones, 217 Ala. 102, 115 So. 1; Hammett v. State, 42 Okl. 384, 141 P. 419. Evidence of his bad character should likewise be excluded, as it has no log......
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Davis v. State ex rel. Pettus
...to exclude the evidence of the State is untenable. Civil rules of evidence apply in such condemnation proceedings. Riggs v. State ex rel. Jones, 217 Ala. 102, 115 So. 1. In such cases the rule in regard to a motion of the defendant to exclude all of the plaintiff's evidence is that the tria......
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Cantrell v. Cantrell
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