Thompson v. State

CourtAlabama Court of Appeals
Writing for the CourtSAMFORD, J.
CitationThompson v. State, 21 Ala. App. 498, 109 So. 557 (Ala. App. 1926)
Decision Date15 June 1926
Docket Number6 Div. 899
PartiesTHOMPSON v. STATE.

Rehearing Denied Aug. 31, 1926

Appeal from Circuit Court, Jefferson County; J.C.B. Gwin, Judge.

Essie Thompson was convicted of violating the Prohibition Law and she appeals. Affirmed.

Benton Bentley & Moore, of Bessemer, for appellant.

Harwell G.Davis, Atty. Gen., and Chas. H. Brown, Asst. Atty. Gen for the State.

SAMFORD J.

The evidence, though circumstantial in a large measure, tended to connect the defendant with the possession of the whisky and that she had it for sale. Therefore all charges instructing affirmatively that the defendant was not guilty were properly refused. Tatum v. State, 20 Ala.App. 436, 102 So 726.

Refused charge 32 does not state a correct proposition of law. Manucaption or physical dominion of whisky is not necessary to a conviction for possessing liquor under our statute. No sufficient exception is reserved to the remark of the solicitor as to authorize a review by this court.

In making out the state's case it was relevant to prove by the officers that a search was made of defendant's premises; that they found whisky there located; that it was near a hog pen on the premises in a brier patch; that a trail led from the house to the hog pen; that shortly before defendant was arrested automobiles frequented defendant's house,...

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27 cases
  • Ashurst v. State
    • United States
    • Alabama Court of Criminal Appeals
    • October 9, 1984
    ...common observation as well as a common knowledge of the usual acts of men and women under given circumstances.' Thompson v. State, 21 Ala.App. 498, 499, 109 So. 557 (1926)." German v. State, 429 So.2d 1138, 1143 With regard to the sufficiency of the evidence, Ashurst argues that he had no r......
  • White v. State
    • United States
    • Alabama Court of Criminal Appeals
    • March 31, 1989
    ...common observation as well as a common knowledge of the usual acts of men and women under given circumstances." Thompson v. State, 21 Ala.App. 498, 499, 109 So. 557 (1926). From the evidence presented at trial, the jury might reasonably have found that the evidence excluded every reasonable......
  • Young v. State
    • United States
    • Alabama Court of Criminal Appeals
    • August 6, 2021
    ... ... the grounds of community saturation, "the appellant must ... show more than the fact 'that a case generates even ... widespread publicity.'" Oryang v. State , ... 642 So.2d 979, 983 (Ala. Cr[im]. App. 1993), quoting, ... Thompson v. State , 581 So.2d 1216, 1233 (Ala ... Cr[im]. App. 1991), cert. denied , [502] U.S. [1030], ... 112 S.Ct. 868, 116 L.Ed.2d 774 (1992)." ... Blanton v. State , 886 So.2d 850, 877-78 ... (Ala.Crim.App.2003) ... Young ... alleged in his motion for a ... ...
  • Young v. State
    • United States
    • Alabama Court of Criminal Appeals
    • October 21, 2022
    ...‘neither the jury nor this Court [are] required to ignore "common sense, common reason, and common observation." Thompson v. State, 21 Ala. App. 498, 499, 109 So. 557 (1926).’" Ex parte Marlowe, 854 So. 2d 1189, 1191 (Ala. 2003) (quoting Hale v. State, 654 So. 2d 83, 86 (Ala. Crim. App. 199......
  • Get Started for Free