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11 Ala. App. 209

Carmichael v. State

Alabama Court of Appeals

Decided June 16, 1914

Alabama Court of Appeals · decided 1914-06-16

Heard before Hon. M. Sodlie. John Carmichael was convicted of violating the prohibition law, and appeals.

Relies on Dunn v. State · Watson v. State · Kinsaul v. State

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1914-06-16

How this case has been cited

Cited by 8 later decisions — most recently April 1987

8 state decisions

4019141920193019401950196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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THOMAS, J.

¶1We are of opinion that the evidence was ample in its inferences to justify the trial court in refusing the general affirmative charge; its action in refusing Avhich is the only point presented by the record. — Dunn v. State, 8 Ala. App. 383, 62 South. 379; Watson v. State, 8 Ala. App. 414, 62 South. 997; Foshee v. State, 9 Ala. App. 77, 63 South. 753; Freeny v. City of Jasper, 8 Ala. App. 469, 62 South. 385; Kinsaul v. State, 8 Ala. App. 405, 62 South. 990; Stokes v. State, 5 Ala. App. 160, 59 South. 310.

¶2Pretermitting a consideration of the other incriminating tendencies of the evidence, it is sufficient to say that, if the jury believed from the evidence, beyond a reasonable doubt,.that the place at which the defendant was shown, without dispute, to have been keeping the large quantity of prohibited liquors found in his possession Avas a place not used “exclusively” as a dwelling (Stokes v. State, 5 Ala. App. 160, 59 South. 310), then the mere keeping by him of such liquors in such place was prima facie eAddence that they were kept for illegal disposition (Acts Sp. Sess. 1909, p. 64, § 4; Stokes v. State, supra). There were facts in evidence tending to show that such place was not used exclusively as a dwelling (Stokes v. State, supra); and for these reasons, as well as for others pointed out in the cases cited, the court committed no error in refusing the affirmative charge.

¶3The judgment of conviction is consequently affirmed.

¶4Affirmed.

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