Turner v. State

Decision Date01 February 1916
Docket Number6 Div. 912
Citation70 So. 971,14 Ala.App. 29
PartiesTURNER v. STATE.
CourtAlabama Court of Appeals

Appeal from Circuit Court, Walker County; J.J. Curtis, Judge.

Will Turner was convicted of selling malt liquors contrary to law, and he appeals. Affirmed.

Leith & Gunn, of Jasper, for appellant.

W.L. Martin, Atty. Gen., for the State.

BROWN, J.

The defendant was indicted at the August term, 1914, of the Walker county circuit court for selling "malt liquors contrary to law," and was tried at the April term, 1915. The demurrer to the indictment, if one was interposed, is not set out in the record, and no ruling on demurrer is shown in the judgment of the court; hence, the argument of counsel predicated on such assumed ruling is inept. The indictment was sufficient as charging the offense of selling malt liquors and to sustain the judgment of conviction. Acts Special Session 1909, p. 90, § 29 1/2; Arrington v. State, 69 So. 385; Bush v. State, 12 Ala.App. 260, 67 So. 847; Harrison v. State, 69 So. 383; Whaley v. State, 69 So. 384.

The evidence offered by the state tended to show a sale of "Schlitz" beer by the defendant to George Ruff, and was sufficient to carry the case to the jury and to authorize the refusal of the affirmative charge.

There is no error in the record, and the judgment is affirmed.

Affirmed.

To continue reading

Request your trial
2 cases
  • Tyler v. State, 8 Div. 8
    • United States
    • Alabama Court of Criminal Appeals
    • October 7, 1969
    ...was sufficient to support the verdict in this aspect. Woods v. State ex rel. Key, 247 Ala. 155, 22 So.2d 901.' See also Turner v. State, 14 Ala.App. 29, 70 So. 971, where the State proved a sale of 'Schlitz' beer by the defendant and this proof was deemed sufficient to carry the case to the......
  • Porter v. State
    • United States
    • Alabama Court of Appeals
    • September 7, 1916
    ......Sowell, Judge. . . Jim. Porter was convicted of violations of the liquor laws, and he. appeals. Affirmed. . . [15. Ala.App. 219] Leith & Gunn, of Jasper, for appellant. . . William. L. Martin, Atty. Gen., and P.W. Turner, Asst. Atty. Gen., for. the State. . . EVANS,. J. . . The. affidavit or complaint upon which appellant was prosecuted. was sworn out before a justice of the peace on March 13,. 1915, and consisted of eight counts. The trial court, at the. request of appellant, gave the ......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT