Ledbetter v. State

Decided November 15, 1904

Supreme Court of Alabama · decided 1904-11-15

Tried before the Hon. Thomas W. Coleman, Jr. The appellant, Andy Ledbetter, ivas tried and convicted of the offense of selling whiskey without a license. The testimony of the State was to the effect that one Powell Avent to the defendant, and asked him if any whiskey could be had, saying that he wanted a quart. Defendant replied that he could get it for the witness, and that it would cost eighty cents.

Cited by 1 later decisions — most recently February 1952

1 state decisions

Relies on DuBois v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1904-11-15

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ANDERSON, J.

¶1The evidence in this case afforded a strong inference that the defendant sold the liquor,' and we think the trial court properly convicted him.

¶2This conclusion is not in conflict with DuBoise v. State, 87 Ala. 101, which seems to be relied upon by the defendant. This Court held in that case that the trial court erred in giving the affirmative charge for the State, and that, if defendant’s evidence was true, he was not guilty, simply reversing the case in order that the jury might determine whether or not his evidence was true.

¶3In the case at bar, the court tried the case without a jury and thus passed upon the evidence as well as the law, and did not believe the defendant’s evidence— neither does this Court.

¶4Affirmed.

Haralson, Tyson, and Dowdell, J. J., concurring.