CUNNINGHAM v. STATE

1 Div. 783.

108 So.2d 192 (1959)

Mallard CUNNINGHAM v. STATE.

Court of Appeals of Alabama.

January 6, 1959.


Attorney(s) appearing for the Case

Windell C. Owens, Monroeville, for appellant.

John Patterson, Atty. Gen., and Robt. C. Dillon, Asst. Atty. Gen., for the State.


HARWOOD, Presiding Judge.

This appellant stands convicted of possession of prohibited beverages.

The evidence presented by the State established the appellant's guilt, not only beyond a reasonable doubt, but beyond all doubt.

The appellant offered no evidence in the trial below.

However, the court instructed the jury as follows:

"And I further charge you that if you believe the evidence in this case it will be your duty to bring in...

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