FRANKLIN v. STATE

4 Div. 109.

152 So.2d 158 (1963)

Elijah FRANKLIN v. STATE of Alabama ex rel. Seymore TRAMMELL, Solicitor.

Supreme Court of Alabama.

April 11, 1963.


Attorney(s) appearing for the Case

Fred D. Gray, Montgomery, for appellant.

MacDonald Gallion, Atty. Gen., and Winston Huddleston, Sp. Asst. Atty. Gen., for appellee.


MERRILL, Justice.

This is an appeal from a decree in equity condemning and ordering sold an automobile because it was used for the hauling of prohibited liquors and beverages in violation of Tit. 29, § 247, Code 1940.

The State contends that we should apply the principle that where the evidence was ore tenus, the conclusion of the trial court is given the same weight as a verdict of a jury and will not be disturbed on appeal, unless it is contrary to...

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