67 So. 631 | Ala. Ct. App. | 1915
The only evidence offered ivas that in behalf of the state and consisting of the testimony of two witnesses. The first, Thigpen, who was the railroad and express agent at River Falls, testified to delivering to the defendant from the depot at that place, on •the following dates, the quantities of liquor hereafter stated: On March 2d, five boxes and one package of
In the absence of proof that the defendant is not a normal human being, or that he possesses an unusually abnormal capacity for consuming alcoholic beverages, it is safe to say that this evidence is sufficient to afford an inference that he was keeping these liquors for sale, and therefore it was sufficient to sustain a conviction.—Bringman v. State, 8 Ala. App. 400, 62 South. 980; Coates v. State, 5 Ala. App. 182, 59 South. 323; Freeney v. City of Jasper, 8 Ala. App. 469, 62 South. 385.
The entries in the book from which the witness Thig-pen refreshed his recollection as to the dates the several packages were delivered were made by the witness at the time of the delivery, and it was proper to allow the witness to refresh his memory from these entries.—Davie v. Roland, 3 Ala. App. 567, 57 South. 1034; B. R. L. & P. Co. v. Seaborn, 168 Ala. 658, 53 South. 241.
While the entries in the book, from which the witness Thigpen had refreshed his recollection as to the dates he delivered shipments of liquors to defendant,-were not' offered in evidence, yet these entries were a legitimate' subject of cross-examination, and the defendant had the •right to inquire fully as to these and other entries puf-
The court was right in overruling the defendant’s motion to require the state to elect as to which of the shipments it would rely on for conviction.—Allison v. State, 1 Ala. App. 206, 55 South. 453. There was no error in refusing the affirmative charge. — Authorities supra.
For the error pointed out, the judgment must be reversed, and the cause remanded.
Reversed and remanded.