58 So. 803 | Ala. Ct. App. | 1912
Lead Opinion
There was evidence tending to show that the defendant was engaged in business as a retail dealer in beverages, and that there was found in his possession at the place where that business was carried on quite a varied assortment of prohibited liquors. That the existence of such a state of facts furnished some support for an inference that the defendant maintained an unlawful drinking place, as charged in the indictment, seems too plain to require discussion, especially in view of the prima facie import given by the statute to one’s1 possession of such things at such a place.
The solicitor asked a witness for the state the following question: “Mr. Bell, I will ask you to state whether or not you have seen beverages sold in the defendant’s, place of business within 12 months before the finding of the indictment in this case, and if you have seen, at the defendant’s place of business, any beverages sold of the color and odor of liquor.” The defendant’s objection to the question having been overruled, the witness gave the following answer: “I can’t say that I ever saw the defendant sell liquor of the odor of intoxicating drinks. Within 12 months I have seen beverages sold at the dedefendant’s place of business that had the color of liquor.” The defendant duly excepted to the action of the court in overruling his motion to exclude the answer of the witness; the motion being based upon the ground, among others, that the evidence was illegal, irrelevant, and inadmissible. In such a prosecution as the present one the statute (Acts Special Session 1909, pp. 63, 93, § S2j4) permits the state to give in evidence the fact that
Reversed and remanded.
Rehearing
In Response to Application for Rehearing.
In the argument submitted in support of the state’s application for a rehearing in this case it is suggested in effect that, in connection with other circumstances at
Application for rehearing overruled.