Opinion

Brown v. State

  • 23 Ala. App. 427
  • 126 So. 497
  • 1930 Ala. App. LEXIS 59
Court
Alabama Court of Appeals
Filed
Feb 18, 1930
Status
Published
Author
Rice
On the bench
Rice
Cited by
0 cases
Authority
More cited than 43.7%

The opinion

RICE, J.

Appellant was convicted of the offense of violating the prohibition laws by having whisky in his possession. The state’s evidence consisted of the testimony of a single witness, one Mrs. Lula Clifton, which testimony made out every essential element necessary to support a conviction. There is really nothing presented by the record worthy of

comment

The issue of the guilt vel non of appellant was properly submitted to the jury.

*428

The only written charges requested by, and refused to, appellant, not patently without merit, and properly refused, were charges No. 6 and No. 7. Each of

these

written charges was refused without error, because of the omission of the word “willfully” before the wordsv “sworn falsely” and “swore falsely,” respectively. Ward v. State, 19 Ala. App. 398 , 98 So. 208 ; Prater v. State, 107 Ala. 26 , 18 So. 238 .

We find nowhere any prejudicial error, and the judgment of conviction is affirmed.

Affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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