Stearns v. State

Stearns v. State, 58 So. 124 (Ala. Ct. App. 1912)

Court: Alabama Court of Appeals · State Appellate Courts
Decided: February 6, 1912
Judges: Graffenried
Citations: 58 So. 1244 Ala. App. 1541912 Ala. App. LEXIS 272
Disposition: Affirmed.

Cited by 5

Headnotes

Violating Prohibition Law. 1. Indictment and Information; Offenses Included; Oowoiction.— Under Section 33, Acts 1909, p. 94, where a person was indicted for unlawfully selling liquor, he may be convicted of acting in the sale as an assisting ■ friend. 2. Trial; Findings; Province of Jury. — Although the facts in a cause are undisputed, yet if they are such that reasonable men may conscientiously arrive at different conclusions therefrom, the determination of their effect is for the jury.

Summary

Appeal from Jackson Circuit Court. Heard before Hon. W. W. Haralson. Ben Stearne.was convicted of violating the prohibition law, and he appeals. No brief reached the Reporter. The defendant was properly convicted under the evidence on the indictment. — Winter v. The State, 132 Ala. 32; Bond v. The State, 130 Ala. 117; Darrington v. The State, 162 Ala. 60; Rayfield v. The State, 167 Ala. 94; Section 33, Acts 1909, p. 94.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Graffenried

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db GRAFFENRIED, J.

It has been frequently held that when the facts, although undisputed, are such that reasonable men may reasonably and conscientiously arrive at opposite conclusions from them, such facts present, not a question of law for the court, but a question of fact for the determination of the jury. —Luke v. Calhoun County, 52 Ala. 115 ; Cole v. Propst, 119 Ala. 99 , 24 South. 884 ; Abbott v. Mobile, 119 Ala. 595 , 24 South. 565 .

The evidence, considered in the light most favorable to the defendant, shows that he was the assisting friend of either the buyer or the seller of the liquor, and the assisting friend in such a transaction may now be convicted upon evidence showing that he was merely such assisting friend, upon an indictment charging him with an unlawful sale of liquor.—General and Local Acts Special Session 1909, p. 94, § 33; Andrew Boyd v. State, 3 Ala. App. 178 , 57 South. 1019 . The court, therefore, properly refused to give to the jury the general affirmative charge requested in writing by the defendant.— Medley v. State, 156 Ala. 78 , 47 South. 218 ; Griffin v. State, 150 Ala. 49 , 43 South. 197 ; McCormack Co. v. Lowe, 151 Ala. 313 , 44 South. 47 .

The judgment of the court beloiv is affirmed.

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 5 cases

View all citing references →

State Appellate Courts5

Relies on it most ⓘ

Pate v. State26 So. 2d 214 (Ala. Ct. App. 1946)
Thompson v. State27 So. 2d 55 (Ala. Ct. App. 1946)
Hale v. KROGER LTD. PARTNERSHIP I28 So. 3d 772 (Ala. Civ. App. 2009)
Taylor v. State20 So. 2d 239 (Ala. Ct. App. 1944)
Cooper v. State393 So. 2d 495 (Ala. Crim. App. 1981)

Most recent

Hale v. KROGER LTD. PARTNERSHIP I28 So. 3d 772 (Ala. Civ. App. 2009)
Cooper v. State393 So. 2d 495 (Ala. Crim. App. 1981)
Pate v. State26 So. 2d 214 (Ala. Ct. App. 1946)
Thompson v. State27 So. 2d 55 (Ala. Ct. App. 1946)
Taylor v. State20 So. 2d 239 (Ala. Ct. App. 1944)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 7

Depth	Case	Cited by
	Griffin v. State, 43 So. 197 (Ala. 1907)	26
	McCormack Harvesting Mach. Co. v. Lowe, 44 So. 47 (Ala. 1907)	25
	Medley v. State, 47 So. 218 (Ala. 1908)	15
	Boyd v. State, 57 So. 1019 (Ala. Ct. App. 1912)	12
	Luke v. Calhoun Cnty., 52 Ala. 115 (1875)	35
	Cole v. Propst Bros., 119 Ala. 99 (1898)	5
	Abbott v. City of Mobile, 119 Ala. 595 (1898)	5

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