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134 Ala. 157

Bennefield v. State

Supreme Court of Alabama

Decided November 15, 1901

Supreme Court of Alabama · decided 1901-11-15

Tried before tbe Hon. T. J. Burton. Tbe 'prosecution in this case against tbe appellant, Charles Bennefield, was commenced by an affidavit made by Marvin Farlow, which charged that the defendant “did sell or give spiritous, vinous or malt liquors to Marvin Farlow, a minor,” etc. On the trial of the case, Marvin Farlow testified that he was 17 years old; that a. short while before he made the affidavit under which this prosecution Avas commenced, the defendant gave him,…

Relies on Lodge v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1901-11-15

How this case has been cited

Cited by 6 later decisions — most recently August 1989

6 state decisions

20190119101920193019401950196019701980decided

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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McCLELLAN, C. J.

¶1On the authority of Lodge v. The State, 122 Ala. 97, il must be held that the trial court erred in sustaining the solicitor’s objection to the question: “What is the feeling of your father tOAvards the defendant, friendly or unfriendly?” propounded by defendant to the State’s Avitness Marvin FarloAv, the Avitness being a minor. The charge Avas giving Avhiskey to this minor, and he Avas the only Avitness for the State on the trial. He testified that he himself Avas friendly to the defendant, and yet he made the affidavit for the warrant against the defendant, charging him with a crime for an act Avhich seems to have been one of mere hospitality in defendant’s own house. The defendant himself was the only witness in his behalf, and he positively denied giving the witness any whiskey at any *159time. The case seemct to illustrate the soundness of the doctrine declared, in Lodge’s Case and to- call for its application here.

¶2Beversed and remanded.

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