Duncan v. State

Court: Alabama Court of Appeals
Date filed: 1926-06-01
Citations: 109 So. 554, 21 Ala. App. 524
Copy Citations
2 Citing Cases
Lead Opinion
SAMFORD, J.

There are 46 assignments of error in this record, which is on appeal from a judgment convicting the defendant of unlawfully possessing whisky.

After the whole question had been fought over and many exceptions reserved, the defendant cured any possible error which may have been committed by the trial court by admitting that, on the occasion he was charged with being in possession of liquor, he “took a drink out of á pint bottle,” and admitted it to have been a part of the whisky in the automobile at the time charged in the affidavit. Under Harbin v. State, 210 Ala. 55, 97 So. 426; Honeycutt v. State, 20 Ala. App. 485, 103 So. 90; Wilson v. Orr, 210 Ala. 93, 97 So. 133; Gilchrist v. State, 20 Ala. App. 233, 101 So. 906; Bynum v. State, 20 Ala. App. 619, 104 So. 834; Vaughn v. State (Ala. App.) 107 So. 797 1 — the testimony of defendant was an admission of the charge for which he was tried, which rendered all prior errors harmless.

There is no error prejudicial to defendant, and the judgment is affirmed.

Affirmed.

1.

Ante, p. 204.