Public-domain · open source
OpenJurist

22 Ala. App. 523

117 So 610

Layton v. State

Alabama Court of Appeals

Decided June 19, 1928

Alabama Court of Appeals · decided 1928-06-19

Cited by 4 later decisions — most recently April 1960

4 state decisions

Relies on 20 Ala. App. 627 - Shepard v. State · 18 Ala. App. 109 - Drinkard v. Premier Refining Co. · 18 Ala. App. 91 - Smith v. Vaughn

Good law ✅— No negative treatment on recordhow we know

Decided 1928-06-19

View the full empirical analysis of this case →

RICE, J.

¶1 Appellant was convicted of the offense of unlawfully distilling prohibited liquors, etc. We know judicially that there is a statute providing, in effect, that some one of the witnesses for the state, in this case, would receive a reward of $50 in the event the defendant was convicted. Code 1923, § 4626. Consequently it was prejudicial error for the trial court to refuse appellant’s’ written charge which we have numbered 4. Shepard v. State, 20 Ala. App. 627, *524104 So. 674; Brown v. State, 18 Ala. App. 91, 90 So. 54.

¶2 The substance of the charge was not, in our opinion, sufficiently included in the oral charge of the court, or in the written charges given at appellant’s request, to render its refusal harmless error.

¶3 The issues in the case were exceedingly simple, and the other questions raised will in all probability not arise on another trial of the case. They will not here be noticed.

¶4 For the error pointed out, the judgment is reversed and the cause remanded.

¶5 Reversed and remanded.

/22/alaapp/523 · .json · Public domain