Fife v. State ( 1937 )


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  • Appellant was convicted of the offense of violating our laws known as "Prohibition Laws" by illegally having in his possession *Page 393 beer containing more than the permissible per cent of alcohol.

    The State's testimony was undisputed; and tended to make out a clear case of guilt against the defendant (appellant) — i. e., guilt of the offense charged.

    Appellant introduced testimony tending to show that he bore a good character; but this court has ruled that such testimony, alone, is not sufficient to raise a reasonable doubt of guilt. Witt v. State, 5 Ala. App. 137, 59 So. 715.

    There was hence no error in the trial court's giving to the jury the requested general affirmative charge with hypothesis to find in favor of the State — though such practice is dangerous.

    The judgment is affirmed.

    Affirmed.

Document Info

Docket Number: 6 Div. 9.

Judges: Rice

Filed Date: 2/2/1937

Precedential Status: Precedential

Modified Date: 11/2/2024