Kimbrough v. State

Decided May 13, 1915

Alabama Court of Appeals · decided 1915-05-13

Violating Prohibition Law. Appeal from Winston County Court. Heard before Hon. John S. Curtis. Henry Kimbrough was convicted of violating the prohibition law, and he appeals. Charge 2 is as follows: I charge you that, under the evidence in this case, you are authorized to acquit defendant.

Relies on Spigener v. State

Affirmed · Decided 1915-05-13

BROWN, J.-

¶1(1) In connection with the testimony of the witness Wheeler that Albert Long and others gave *189him money to buy whisky with, and that he (Wheeler) went to the house of the defendant and purchased whisky from defendant, it Avas competent to show by Long that he and the others mentioned gave Wheeler the money and sent him after the whisky. This evidence tended to corroborate the testimony of Wheeler.—Spigener v. State, 11 Ala. App. 296, 66 South. 896.

¶2(2) Charge 2 states no principle of law and hypothesizes no facts as a predicate for the instruction. It also possesses a tendency to mislead the jury to the conclusion that it is their duty to acquit the defendant.-

¶3There is no error in the record, and the judgment is affirmed.

¶4Affirmed.