Roberson v. State

Decided February 15, 1921

Alabama Court of Appeals · decided 1921-02-15

W. Harralson, Judge. Sam Roberson was convicted of violating the prohibition law, and he appealed. The indictment is as follows, omitting formal charging parts: Count 1: Sam Roberson sold, offered for sale, kept, or had in possession for sale, bartered, exchanged, gave away, furnished at a public place, or otherwise disposed of prohibited liquors or beverages.

Cited by 3 later decisions — most recently February 1974

3 state decisions

Relies on 16 Ala. App. 97 - Dees v. State · 17 Ala. App. 444 - Jones v. State

Good law ✅— No negative treatment on recordhow we know

Reversed and remanded · Decided 1921-02-15

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SAMFORD, J.

¶1 [1] The rulings of the court on the pleadings were without error. Jones v. State, 17 Ala. App. 444, 85 South. 839; Dees v. State, 16 Ala. App. 97, 75 South. 645.

¶2 [2] We have carefully read and considered the evidence in this case in support of defendant’s motion for a new trial, and, while there are strong grounds for suspicion, we do not think, when applied to the true rules of law, the evidence is sufficient to sustain a conviction. The court should have granted the motion to set aside the verdict.

¶3 For this error the judgment is reversed, and the cause is remanded.

¶4 Reversed and remanded.

¶5 t&wkey;>Eor other cases see same topic anS KEY-NUMBER in all Key-Numbered Digests and Indexes

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Status

Disposition: Reversed and remanded

Case posture

Disposition: Reversed and remanded.
Posture: Appeal from Circuit Court, Marshall County; W.W. Harralson, Judge. Sam Roberson was convicted of violating the prohibition law, and he appealed. Reversed and remanded. The indictment is as follows, omitting formal charging parts: Count 1: Sam Roberson sold, offered for sale, kept, or had in possession for sale, bartered, exchanged, gave away, furnished at a public place, or otherwise disposed of prohibited liquors or beverages. Count 2: Sam Roberson received, had in his possession, or possessed prohibited liquors of beverages since January 25, 1919. The demurrers raised the point that the liquors were not alleged to have been alcoholic or malt, or some device or substitute therefor. The evidence tended to show that there was a car in front of the house of the defendant, and that he and several parties were out in front of his house under an oak tree, when the state's witnesses came up in another car; that setting under the oak tree was a one gallon jug containing whisky; and that an invitation was extended to the state's witnesses to have a drink, but the drink was not taken. The defendant testified that he had been called out of his house by the parties in the first car, who desired to inquire the way to a certain place, and that the parties in the car, hearing the other car coming, took the jug from their car and put it under the tree, and afterwards returned it to their car and carried it away; they being afraid that the car approaching, contained officers, who might search and confiscate their car.

Source: CourtListener

Court

Alabama Court of Appeals

Abolished 1969

Parallel citations

88 So 355