Opinion
7 Div. 618.
February 11, 1930. Rehearing Denied March 4, 1930.
Appeal from Circuit Court, Calhoun County; W. B. Merrill, Judge.
Herbert Green was convicted of violating the prohibition law, and he appeals.
Affirmed.
Certiorari denied by Supreme Court in Green v. State, 220 Ala. 698, 126 So. 925.
Merrill, Jones Whiteside, of Anniston, for appellant.
The affirmative charge should never be given for the state if from the evidence there are any other inferences except that of the guilt of the defendant. Nichols v. State, 4 Ala. App. 115, 58 So. 681; Brasher v. State, 21 Ala. App. 360, 108 So. 266; Pate v. State, 19 Ala. App. 243, 96 So. 649.
Charlie C. McCall, Atty. Gen., for the State.
Brief did not reach the reporter.
Under the decision in the Jinright Case 220 Ala. 268, 125 So. 606, the complaint in this case is sufficient and not subject to demurrer. Prior to the Jinright decision, it was not considered a violation of law to buy prohibited liquors, and an alternative averment in an indictment charging that defendant "did buy" was subject to demurrer. May's Case, 89 Ala. 37, 8 So. 28; Hornsby's Case, 94 Ala. 55, 10 So. 522; Griffin's Case, 22 Ala. App. 369, 115 So. 769; Sharp's Case, 22 Ala. App. 562, 118 So. 238; Sharp v. State, 218 Ala. 168, 118 So. 239. These cases and perhaps others are now overruled by implication.
There was no conflict in the evidence, and, being a crime not involving an intent, the court properly gave at the request of the state the general charge.
There is no error in the record, and the judgment is affirmed.
Affirmed.