# Turner v. State

> Alabama Court of Appeals · February 1, 1916 · 14 Ala. App. 29

URL: https://www.frixlaw.com/law-library/cases/6522863

## Case

- **Full name:** Turner v. State
- **Court:** Alabama Court of Appeals
- **Decided:** February 1, 1916
- **Citations:** 14 Ala. App. 29; 70 So. 971; 1916 Ala. App. LEXIS 12
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Brown
- **Judges:** Brown
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6522863

## Opinion text

BROWN, J.
(1, 2) The defendant was indicted at the August term, 1914, of the Walker county circuit court for selling “malt liquors contrary to law,” and was tried at the April term, 1915. The demurrer to the indictment, if one was interposed, is not set out in the record, and no ruling on demurrer is shown in the judgment of the court; hence, the argument of counsel predicated on such assumed ruling is inapt. The indictment was sufficient as charging the offense of selling malt liquors and to sustain the judgment of conviction.—Acts Special Session 1909, p. 90, § 291/2; Arrington v. State, 13 Ala. App. 359 , 59 South. 385 ; Bush v. State, 12 Ala. App. 260, 67 South. 847 ; Harrison v. State, 13 Ala. App. 354 , 69 South. 383 ; Whalley v. State, 13 Ala. App. 356 , 69 South. 384 .
(3) The evidence offered by the state tended to show a sale of “Schlitz” beer by the defendant to George Ruff, and was sufficient to carry the case to the jury and to authorize the refusal of the affirmative charge.
There is no error in .the record, and the judgment is affirmed.
Affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6522863. Public record. Not legal advice.