Public-domain · open source
OpenJurist

27 Ala. App. 392

173 So 273

Fife v. State

Alabama Court of Appeals

Decided February 2, 1937

Alabama Court of Appeals · decided 1937-02-02

Cited by 1 later decisions — most recently May 1952

1 state decisions

Relies on Witt v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1937-02-02

View the full empirical analysis of this case →

RICE, Judge.

¶1 Appellant was convicted of the offense of violating our laws known as “Prohibition Laws” by illegally having in his pos *393 session beer containing more than the permissible per cent, of alcohol.

¶2 The State’s testimony was undisputed; and tended to make out a clear case of guilt against the defendant (appellant)— i. e., guilt of the offense charged.

¶3 Appellant introduced testimony tending to show that he bore a good character; but this court has ruled that such testimony, alone, is not sufficient to raise a reasonable doubt of guilt. Witt v. State, 5 Ala.App. 137, 59 So. 715.

¶4 There was hence no error in the trial court’s giving to the jury the requested general affirmative charge with hypothesis to find in favor of the State — though such practice is dangerous.

¶5 The judgment is affirmed.

¶6 Affirmed.

/27/alaapp/392 · .json · Public domain