Opinion

McCain v. State

  • 30 Ala. App. 424
  • 7 So. 2d 320
  • 1942 Ala. App. LEXIS 65
Court
Alabama Court of Appeals
Filed
Mar 3, 1942
Status
Published
Author
Simpson
On the bench
Simpson
Cited by
1 cases
Authority
More cited than 75.8%

The opinion

SIMPSON, Judge.

This appeal is from the Jackson County Court. Act No. 647, Local Acts of Alabama, 1939, Section 29, page 375.

Trial below was without a jury and resulted in the conviction of appellant for a violation of the prohibition law. According to the testimony of the agent of the Alcoholic Beverage Control Board, witness for the prosecution, she was guilty. Her evidence tended to support her claim of innocence.

It was within the province of the trial court, who saw and heard the witnesses, to appraise their testimony. The weight and credibility of the evidence, under such circumstances, were exclusively for that court. Winchester v. State, ante, p. 26, 200 So. 571 ; Northington v. State, ante, p. 48, 200 So. 570 .

We cannot say that the conclusion of the trial court was clearly wrong or so contrary to the weight of the evidence as to be manifestly unjust, so the judgment is affirmed. 7 Alabama Digest, Criminal Law, «=> 1159(2).

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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