171 So. 2d 474 | Ala. Ct. App. | 1965
The appellant was convicted of a violation of Title 29, Section 98, Code of Alabama, 1940.
The state's evidence tended to show that defendant, a clerk in a grocery store, sold a pint of whiskey to an Alcoholic Beverage Control Enforcement Officer.
Under the case of Roden v. State,
No inference concerning children and the whiskey could be drawn from the evidence and we are of opinion the court's instructions, instead of correcting the error, added to the injury.
Reversed and remanded.