Roberson v. State

<p>1. Criminal law <&wkey;260(13) — Complaint held not a departure from affidavit filed in lower court.</p> <p>A complaint filed by the solicitor in the circuit court, charging that defendant sold, offered for sale, kept, or had in Ms possession for sale, prohibited liquors or beverages, and had within 12 months had in his possession a quantity of prohibited liquors or beverages, held not a departure from the affidavit filed in the county court.</p> <p>2. Criminal law <j&wkey;829(3) — Instruction covered by charge given properly refused.</p> <p>A requested written charge that defendant must be acquitted of violating the probibition law, unless the jury believe that the liquor found was tbe liquor charged as being the defendant’s, which was substantially covered by the court’s oral charge and a written charge, which was given, ^vas properly refused.</p> <p>3. Criminal law <&wkey;815(4) — Instruction properly refused where portion is (eft out.</p> <p>On a trial for violating the prohibition law, a charge that “tbe fact that the defendant jumped out of the buggy with a bundle, and unless you believe from the evidence that the bundle was tbe jug found as being the liquor of the defendant, your verdict must be for tbe defendant,” is properly refused, as its meaning is not clear, a portion having evidently been left out.</p>