Windham v. State, 4 Div. 636.

• Decision Date: 26 May 1931
• Docket Number: 4 Div. 636.
• Citation: 134 So. 896,24 Ala.App. 333
• Parties: WINDHAM v. STATE.
• Court: Alabama Court of Appeals

134 So. 896

24 Ala.App. 333

WINDHAM v. STATE.

4 Div. 636.

Court of Appeals of Alabama

May 26, 1931

Appeal from Circuit Court, Russell County; J. S. Williams, Judge.

Charles L. Windham was convicted of violating the prohibition law, and he appeals.

Reversed and remanded.

Thos. E. Knight, Jr., Atty. Gen., for the State.

Frank de Graffenried, of Seale, for appellant.

SAMFORD, J.

After the evidence was all in, and without having been requested to do so in writing by one of the parties, the court instructed the jury orally: "Gentlemen, if you believe the evidence in this case beyond a reasonable doubt, you will find the defendant guilty and you will assess a fine against him between the limits of fifty and five hundred dollars." This was a charge upon the effect of the evidence, and may not be given unless required to do so by one of the parties. Michie's Code 1928, § 9507, and authorities there cited.

The judgment is reversed, and the cause is remanded.

Reversed and remanded.