McWhorter v. State

Decided January 13, 1914

Alabama Court of Appeals · decided 1914-01-13

Heard before Hon. A. E. Gamble. Terrell McWhorter was convicted of violating the prohibition law, and appeals. The charge refused to defendant referred to in the opinion is the affirmative charge. Counsel discusses errors insisted on in the admission of evidence, and the-refusal to give the affirmative charge for defendant, but without citation of authority.

Cited by 2 later decisions — most recently May 1944

2 state decisions

Relies on Alabama Great Southern Railroad v. Johnston · Jarvis v. State

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1914-01-13

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WALKEB, P. J. —

¶1A Avitness for the state, after giving some description of the defendant’s store and of a stairway therein, and testifying as to the finding of some beer and whisky, in response to a request of the solicitor to do so, dreAV a rough sketch or diagram of the store. There was no impropriety in the admission in evidence of this diagram in connection with the testimony of the Avitness in reference to the place in question. — Alabama Great Southern R. Co. v. Johnston, 128 Ala. 283, 29 South. 771; Jarvis v. State, 138 Ala. 17, 34 South. 1025.

¶2Under the conflicting evidence adduced, the defendant was not entitled to require the court to give the written charge requested in his behalf.

¶3Affirmed.