64 So. 529 | Ala. Ct. App. | 1914
The defendant was convicted on a charge of selling, offering for sale, keeping for sale, or otherwise disposing of prohibited liquors.
The contention of appellant in brief is that the defendant was entitled to the general charge, and that a careful reading of the case of Coleman v. State, ex rel. Wild, et al., 7 Ala. App. 424, 61 South. 20, will demonstrate the correctness of this position.
In the case cited this court held that the affidavit on which the search warrant issued was insufficient, and that the warrant based on it was therefore void; but it is not made to appear in this case that the defendant’s affidavit making claim to the whisky offered in evidence, and admitted against the objection of the defendant, is the affidavit of the claimant made in the proceedings originating on the affidavit as a basis for a search warrant held to be insufficient by us in Coleman v. State, ex rel., etc., supra. The affidavit of the claimant offered in evidence in the instant case is not set out in the bill of exceptions, or otherwise identified, and for aught appearing to the contrary a perfectly valid affidavit may have been sworn out as the basis of the proceedings in which the identical affidavit of the claimant was made that was offered in evidence on this trial. Besides, the witnesses Owen and Coleman both
The rulings of the court on the admission of evidence, to AAdiich objections were made, and exceptions reserved, are clearly free from error, and the special written instructions requested by the defendant and refused by the court are patently bad, and not argued by counsel in brief, and required no discussion at our hands. Reversible error not being shown, the judgment of conviction will be affirmed.
Affirmed.