58 So. 88 | Ala. Ct. App. | 1912
The defendant was indicted for violating the prohibition laAVS. The indictment contained five counts, and there Avas evidence, introduced by the state under four of the counts, on each of Avhich, i. e., counts Nos. 1, 2, 3, and 4, the defendant was convicted.
The evidence introduced by the state showed that the defendant was the proprietor of a soft drink stand
One of the state’s witnesses, Wineburger by name, testified to buying prohibited liquors in the rear of defendant’s restaurant, in the curtained-off department, when the defendant was present in the front of the room on two separate occasions. This Avitness testified that on each occasion he went through the part of the restaurant where the defendant was, and went back behind the curtains, out of the defendant’s vieAV, called for beer, and was waited upon by a negro, who filled the order and received the pay.
One Marion Jones testified as a witness for the state that during the year 1910, and prior to the time he Avent before the grand jury, he went into the defendant’s place of business, and, after going into the curtained off back department, called for whisky, which Avas furnished by a negro in the place to the Avitness, and a friend Avho accompanied him; that the two sat doAvn at the table, drank the whisky, paid the negro Avho served it 25 cents, and went out. This Avitness also testified that he “scarcely knew” the defendant, and that in his best recollection the defendant was not in his place of business at the time the two drinks of Avhisky Avere served and paid for by him.
Having shown that Carson, the defendant, was the proprietor of the restaurant, all of the above evidence was relevant as tending to show his connection with the sale testified to by Jones. If the state’s evidence is believed, it tended to show that the defendant was operating a place in defiance of the law, where prohibited liquors were kept for sale, and his criminal connection AA’ith the sale testified to by the witness Jones is not left to m,ere conjecture; but, on the contrary, it
The prohibition laws must be liberally, construed to accomplish the purposes of their enactment, Avhich is to suppress the evils of intemperance and secure obedience to and the enforcement of the laws'of the state for the suppression of illegal liquors, and to prevent evasions and subterfuges by which the law may be violated. Acts 1909, p. 96, § 37.
There is no merit in the argument that the time was not sufficiently shoAvn as to the transaction testified to by the witness Jones. The witness stated that the sale took place during the year 1910, and before he went before the grand jury. The indictment against the defendant upon which he was being tried was found by the grand jury at the September term, 1910, of the court, and the trial Avas had at the spring term, 1911, on April 3d. This was sufficient, as the only reasonable inference to be drawa from the statement, in connection with the evidence, is that the witness had reference to the grand jury held at the September term of the court, 1910.
Refused charges Nos. 10, 12, 19, and 20 challenge the constitutionality of section 4 of the act generally known as the “Fuller Bill.” Acts 1909,- p. 64. This proposition has been passed upon adversely to appellant’s contention by the Supreme Court in Tool’s case, 170 Ala. 41, 54 South. 195. It is not insisted in brief by appellant that the refusal of other charges than those above referred to constitute error. We have examined all other refused charges, and find no,error in their refusal. They are clearly faulty, and a, discussion of them is unnecessary. . .
No error is shown by -the record, and the case will be affirmed.
Affirmed.