Supreme Court of Alabama, 1900

Maples v. State

Supreme Court of Alabama · Decided November 15, 1900 · Defendant, Expressed, Guilt, Haralson, Innocence, Jury, Question, Sharpe, State, Supra, That, Tyson

130 Ala. 121

Cases that cite this one

6 later published cases cite this decision.

Boyd v. State (Ala. Ct. App. 1912)
Sawyer v. Frank (Iowa 1911)
State v. Ito (Minn. 1911)
Vernon v. State (Ala. 1909)
Moseley v. State (Ala. 1908)
Mitchell v. State (Ala. 1904)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

TYSON, J.

The indictment, charged a sale of the Avhiskey by defendant. The evidence upon the trial was, that, one Allison asked defendant, it he thought he could get him some whiskey, and upon receiving an *122affirmative reply, gave defendant fifty cents, who went away, returning in a short time with one pint of whiskey, which he delivered to Allison without reward for his services. On this proof, the court gave the affirma-tivte charge with hypothesis for the State. In this there was error. The evidence failed to disclose a sale. Young v. State, 58 Ala. 358; Campbell v. State, 79 Ala. 271; Morgan v. State, 81 Ala. 72; DuBois v. State, 87 Ala. 101; Bonds v. State, ante, p. 117.

Reversed and remanded.

Justice Haralson’s views are expressed in the case of Bonds v. State, supra. Sharpe, J., holds that the question of defendant’s guilt or innocence is for the jury.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.