BLACKWELL v. STATE

1 Div. 950.

160 So.2d 493 (1964)

Carlos S. BLACKWELL v. STATE.

Court of Appeals of Alabama.

Rehearing Denied January 28, 1964.


Attorney(s) appearing for the Case

Horne, Webb & Tucker, Atmore, for appellant.

Richmond M. Flowers, Atty. Gen., and W. Mark Anderson, III, Asst. Atty. Gen., for the State.


CATES, Judge.

Blackwell was convicted of violating the "five-gallon" law and sentenced to three years in the penitentiary.

The sufficiency of the evidence has been preserved in this record in three instances, i. e., (1) by defendant's moving to exclude the evidence made at the close of the prosecution's case, (2) by the State's moving for the affirmative charge (with hypothesis) at the conclusion of all the evidence, and (3) by the defendant's moving for a...

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