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3 Ala. App. 172

Wetzell v. State

Alabama Court of Appeals

Decided January 18, 1912

Alabama Court of Appeals · decided 1912-01-18

Heard before Hon. W. W. Haralson. Ed Wetzell was convicted of violating the prohibition law and he appeals. The evidence was not sufficient to bring the offense within the statute of limitations, and the court improperly denied the defendant the affirmative charge. — Gore v. The State, 58 Ala. 391. The charges were not numbered. — Mav^tin v. The State, 1 Ala. App. 217; Gibson v. The State, 89 Ala. 122.

Relies on Yancey v. State

Reversed and remanded · Decided 1912-01-18

PELHAM, J.

¶1The defendant was tried and convicted for a violator of the prohibition law. The State introduced but one witness who testified to the time of the commission of the offense, and this witness testified that he did not remember the time when he bought the prohibited liquor, but .that “it was in the winter- and was before Christmas.” The evidence is not sufficient *173to show that the offense was committed within the period of the statute of limitations before the finding of the indictment. The defendant asked the general affirmative charge, and insists here that its refusal by the court below is error, because the evidence fails to show that the transaction occurred within the limitation prescribed by the statute in which the offense is punishable.

¶2The record fails to present evidence from which a reasonable inference can be drawn that the offense was committed within the period prescribed by statute making it punishable, and the case must be reversed.—Yancey v. State, 1 Ala. App. 226, 55 South. 267.

¶3Reversed and remanded.

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