Crawley v. State
Crawley v. State
Opinion of the Court
The defendant was convicted, under a charge of violating the prohibition laws, of keeping prohibited liquors for sale.
The appellant’s counsel urgently contends here in brief that the defendant was entitled to the general charge requested in his behalf, and that the trial court was in error that requires a reversal in refusing his motion for a new trial, based on the ground that the verdict was contrary to, or not supported by, the evidence.
It is a primary rule of the law of conspiracy that if two or more persons enter into a combination or confederation to accomplish some unlawful object, any act done by any of the participants in pursuance of the original plan and with reference to the common object is, in contemplation of law, the act of all. — Amos v. State, 83 Ala. 1, 3 South. 749, 3 Am. St. Rep. 682; Martin v. State. 89 Ala. 115, 8 South. 23, 18 Am. St. Rep. 91; Gibson v. State, 89 Ala. 121, 8 South. 98, 18 Am. St. Rep. 96.
The possession of the case of liquor by the unknown person was, under the provisions of the statute, prima facie evidence that he had it in his possession for sale or other unlawful purpose. — Acts 1915, p. 45, § 13. Under the state’s evidence, it was proper inquiry for the jury’s determination whether the defendant was present for the purpose of aiding, abetting, encouraging, sanctioning, or giving countenance to the unlawful act of the unknown party; and, if so, under the rule of law to which we have called attention, the defendant would also be guilty. — Authorities supra. When two or more parties conspire or combine to commit an unlawful act, each is criminally responsible for the acts of his associates committed in prosecution of the common design. In contemplation of law, the act of one is the act of all, each is responsible for acts of his confederates.— Williams v. State, 81 Ala. 1, 1 South. 179, 60 Am. Rep. 133; Jackson v. State, 54 Ala. 234. The circumstances proven were such as to afford an inference that the criminal offense contemplated was carried out and completed to the extent that the un *330 known person was prima facie guilty of the crime of having in his possession prohibited liquors for sale or other unlawful purpose; and under these evidential facts and circumstances, each of the persons who entered upon this common unlawful enterprise or adventure whether an overt act was done by them or not, is guilty of the offense committed. — Jones v. State, 174 Ala. 56, 57 South. 31.
The appellant’s counsel strenuously insists that the utmost that the evidence could be said to show as supporting an inference of guilt of the defendant is that he was guilty of transporting, or conspiring to transport, prohibited liquor contrary to law, and that as the state had, on the defendant’s motion, elected to prosecute for keeping prohibited liquors, the defendant .was entitled to.the general charge requested in his behalf. If the conspiracy had for its object the doing of an unlawful act, accompanied by a criminal intent, it is not material what' part each conspirator is to play. The state’s evidence afforded an inference that the defendant was a coconspirator actually engaged as a fellow participant with the unknown person in carrying out by unlawful means the common purpose of committing the crime, which the statute makes possession prima facie evidence of guilt; and it was of this crime the defendant was found guilty by the jury.
Affirmed.
Reference
- Full Case Name
- Crawley v. the State
- Cited By
- 6 cases
- Status
- Published