¶1 While the indictment charges in different counts the offense of selling prohibited liquors, and other infractions of the prohibition law, the judgment of the court evinces an election by the state to prosecute for the offense of selling. The recital of this judgment is: “Comes -the state of Alabama, by its solicitor, and also comes the defendant, in his own proper person and by his attorney, and the defendant being arraigned in open court upon an indictment for the offense of selling liquor, and for his plea thereto says he is not guilty as charged in the said, indictment. Thereupon comes a jury of good and lawful men, to wit, W. M. Preston and eleven others, who, being impaneled and sworn according to law, upon their oaths do say:’ We, the jury, find the defendant guilty,” etc. While the evidence offered tends to show that the defendant was guilty of violating other provisions of the statute, there is no evidence that he was guilty of selling liquors in violation of the statute, and the defendant was entitled to the affirmative charge as to the only offense for which he was on trial. Reversed and remanded on original hearing, but afterwards (October 29, 1920) affirmed in response to the mandate of the Supreme Court in Ex parte State, in re Christo Robinson, 204 Ala. 1, 86 South. 213.
17 Ala. App. 697
86 So 927
Robinson v. State
Decided June 17, 1919
Alabama Court of Appeals · decided 1919-06-17
Brickell, Judge. Christo Robinson was convicted of violating the prohibition laws and appeals. The appeal is from the denial of a motion for new trial because the verdict was contrary to the great weight of the evidence. This is authorized by Acts 1915, p. 722. A careful review of the evidence discloses the fact that there was an absence of evidence showing a sale, and hence no basis for the verdict of the jury.
Relies on Robinson v. State
Reversed and remanded, but after-wards affirmed, in… · Decided 1919-06-17