From Casetext: Smarter Legal Research

Conner v. State

Court of Appeals of Alabama
May 7, 1918
78 So. 715 (Ala. Crim. App. 1918)

Opinion

3 Div. 276.

April 2, 1918. Rehearing Denied May 7, 1918.

Appeal from Circuit Court, Autauga County; Leon McCord, Judge.

Bob Conner was convicted of keeping beer for unlawful sale, and appeals. Affirmed.

See, also, 15 Ala. App. 660, 74 So. 754.

C.E.O. Timmerman, of Prattville, for appellant. F. Loyd Tate, Atty. Gen., for the State.


The evidence shows that the sheriff and his deputy came upon the defendant and three other men in an outhouse near the defendant's residence at midnight, and that the defendant had several bottles of beer on ice therein, and that there were empty beer bottles in the building. The three men with the defendant at the time testified that they had gone to this place to get beer from the defendant.

The fact that the defendant kept the beer in the outhouse was prima facie evidence that he kept it for sale or with the intent to sell it contrary to law. Acts 1915, p. 9, § 4; Jones v. City of Montgomery, 77 So. 969; Holt v. State, 78 So. 315; Stokes v. State, 5 Ala. App. 160, 59 So. 310; Kinsaul v. State, 8 Ala. App. 405, 62 So. 990. Under the evidence, the defendant was not entitled to the affirmative charge. Wynn v. State, 11 Ala. App. 182, 65 So. 687.

Ante, p. 357.

Ante, p. 399.

There is no error in the record.

Affirmed.


Summaries of

Conner v. State

Court of Appeals of Alabama
May 7, 1918
78 So. 715 (Ala. Crim. App. 1918)
Case details for

Conner v. State

Case Details

Full title:CONNER v. STATE

Court:Court of Appeals of Alabama

Date published: May 7, 1918

Citations

78 So. 715 (Ala. Crim. App. 1918)
78 So. 715

Citing Cases

Gibbs v. State

The defendant offered no testimony in rebuttal of that offered by the State, which showed that defendant was…

Campbell v. State

The keeping of such liquors in a building not used exclusively for a dwelling is prima facie evidence that it…