65 So. 687 | Ala. Ct. App. | 1914
The evidence afforded an inference for a finding by the jury that the defendant was making a sale or other unlawful disposition of the bottle of whisky at the time he delivered it to the man Columbus Martin, and also that the defendant kept this whisky in a building not used exclusively as a dwelling, for an illegal purpose. The evidence shows that the delivery of the whisky to Martin by the defendant was made from the defendant’s blacksmith shop. Such -a delivery is made prima facie evidence of a sale or other, unlawful disposition. Act approved August 25, 1909 (Acts 1909, pp. 63, 64) § 5. It was also shown by one phase of the evidence that the defendant had stored or kept the whisky in his blacksmith shop. Keeping prohibited liquor in such a place is made prima facie evidence that it is kept for sale or with the intent to sell contrary to law. — Acts 1909, p. 64, § 4.
The charges requested by the defendant were properly refused, as it was open to the jury, under the statutory provisions declaring what shall be prima facie evidence in such a case, to find the defendant guilty of the charge preferred on either the theory that he made an unlawful disposition of the prohibited liquor, or that he kept it .for an illegal purpose.
It is contended that, because of the positive nature of the evidence offered by the defendant in rebuttal of the evidence made prima facie sufficient to support a verdict of guilty, the defendant was entitled to have given the general charge requested in his behalf. The
Affirmed.