Wade v. State
| Decision Date | 12 January 1911 |
| Parties | WADE v. STATE. |
| Court | Alabama Supreme Court |
Appeal from Law and Equity Court, Walker County; T. L. Sowell, Judge.
Tom Wade was convicted of selling intoxicating liquors contrary to law, and he appeals. Affirmed.
Powell & Powell, for appellant.
Alexander M. Garber, Atty. Gen., for the State.
The appellant was convicted of the offense of selling spirituous, vinous, or malt liquors contrary to law. The demurrer to the affidavit is not set out in the transcript proper, and therefore the reference to it in the bill of exceptions is not sufficient to authorize this court to consider it. L. & N. R. R. Co. v. McCool, 52 So. 656; Sivoly v. Scott, 56 Ala. 555.
There was no error in the refusal by the court to exclude the testimony offered by the state. The witness Lambert stated distinctly that he bought the whisky from the defendant. The fact that the witness stated, on cross-examination, that he handed the money to the negro who was with him to pay for the whisky, did not make the buying any the less his act. He went with the negro to the place of purchase, was present when the negro got the whisky for him, and paid his money for it according to his directions. This was a purchase by him. It matters not that nothing was said. His agent, standing in his presence, according to his directions, handed the money to defendant, and defendant handed the whisky to said agent in his presence. That constituted a sale, and it is not material whether the witness knew to whom the whisky belonged. The defendant made the sale.
The judgment of the court is affirmed.
Affirmed.
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