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159 Ala. 68

Smith v. State

Supreme Court of Alabama

Decided February 5, 1909

Supreme Court of Alabama · decided 1909-02-05

Heard before Hon. S. L. Brewer. John Smith was convicted of unlawfully selling liquor, and appeals. The witness Ford, in answer to the question as to whom he was working for in the case, stated that he was a marshal of Roanoke and working in the interest of the Law and Order League of the county, and as marshal desired to see the law inforced.

Relies on Williams v. State · Gordon v. State · Smith v. State

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1909-02-05

How this case has been cited

Cited by 10 later decisions — most recently April 1986

10 state decisions

30190919101920193019401950196019701980decided

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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DENSON, J.

¶1The defendanat ivas indicted, tried and convicted for selling liquor in violation of the prohibition law in Randolph county. McKissick, the principal witness for the state, testified that he bought a quart of whisky from the defendant on Tuesday after the first Sunday in June, and for it paid him $1. On cross-examination this witness was asked this question: “You were arrested for selling whisky in Roanoke about the 1st of June yourself, weren’t you?” The court sustained the solicitor’s objection to the question. In this ruling there was no error. — Smith’s Case, 129 Ala. 89, 29 South. 699, 87 Am. St. Rep. 47; Gordon’s Case, 140 Ala. 29, 36 South. 1009; Wilkerson’s Case, 140 Ala. 165, 37 South 265; Williams’ Case, 144 Ala. 14, 40 South. 405.

¶2If the court erred in sustaining the state’s objection to the question asked witness Ford, “Who are you at work for in this case?” the error was without injury, as the subsequent testimony of the witness is a full answer to the question.

¶3No error is involved in the rulings of the court overruling objections made to questions propounded to defendant’s witness C'ofield by the state. — Castleberry’s Case, 135 Ala. 24, 33 South. 431; Code 1907, §§ 4008, 4009, and cases cited under those sections.

¶4The charge refused to defendant is confusing and misleading in its first statement, and was properly refused.

¶5There is no error in the record, and the judgment of conviction is affirmed.

¶6Affirmed.

Tyson, C. J., and Simpson and Mayfield, JJ., concur.
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