123 So. 86 | Ala. Ct. App. | 1929
From the opinion in the case of Shields v. State,
No more vigorous and determined assault was ever made, we dare say, upon any holding ever announced by any court, than was made upon the holding of our own Supreme Court in the Shields Case, as quoted above, by counsel in the case of Banks v. State,
Of course, when evidence — any evidence — is properly admitted, its weight and credibility are for the jury.
What we have written will demonstrate that appellant is fruitlessly here complaining that his conviction was secured solely on the testimony of two "detectives" or "law enforcement officers" who induced him to sell them some whisky merely in order, or partly in order, that they might turn on him and prosecute him for a violation of the prohibition laws.
We are not of the opinion that the remarks made by the trial judge in connection with the several written charges given to the *101 jury at appellant's request call for condemnation at our hands. In fact, the whole tenor of the court's charge to the jury — both oral and as embodied in the "given" written charges, was much too favorable to appellant. For instance, the court told the jury it was a violation of the criminal laws to "buy" prohibited liquors. It is not. And he also told the jury that "if a detective or officer goes out and induces a man to violate the law in order to get to arrest him, you (they) could not convict him" (i. e. the man so induced). Such is not the law, as we have shown above.
There is no error of which appellant can complain, and the judgment is affirmed.
Affirmed.