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7 Ala. App. 110

Shivers v. State

Alabama Court of Appeals

Decided February 6, 1913

Alabama Court of Appeals · decided 1913-02-06

Violating Prohibition Law. Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Mack Shivers was convicted of violating the prohibition law, and he appeals.

Cited by 3 later decisions — most recently March 1917

3 state decisions

Relies on Carson v. State

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1913-02-06

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PELHAM, J.

¶1Conviction upon each of the two separate counts' of the indictment is authorized. — Acts 1909 (Sp. Sess.) p. 91, § BO. Proof of different sales offered under the different counts within the punishable period was competent evidence and properly admitted.

¶2*112The payment of a retail liquor dealer’s special United States revenue tax or license, covering the place and period in question, is made by statute prima facie evidence that .the party paying the same sold, or offered for •.sale, the prohibited liquor; and such evidence is therefore entitled to be considered by the jury with more weight than a mere circumstance in the chain of evidence. — Acts Sp. Sess. 1909, p. 84, § 22%; Carson v. State, 5 Ala. App. 177, 59 South. 706. Charge A, requested by the defendant, was therefore properly refused. We find no error in the record.

¶3Affirmed.

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