The defendant was entitled to a directed verdict. 172 Ala. 603, 55 So. 801; 15 Ala. App. 216, 72 So. 769. GARDNER, J.
Code 1940, Tit. 51, ยง 706. Where judgment of conviction is for one offense and the complaint charges him with another offense the judgment will not be corrected, but remanded. Thomas v. State, 15 Ala. App. 216, 72 So. 769; Andrews v. State, 150 Ala. 56, 43 So. 196; Williams v. State, 18 Ala. App. 321, 92 So. 21. A.A. Carmichael, Atty. Gen., and Jas. T. Hardin, Asst. Atty. Gen., for the State.
Pinkney Scott, of Bessemer, for appellant. It is essential that venue be shown. Frank v. State, 40 Ala. 9; Elsberry v. State, 52 Ala. 10; Hubbard v. State, 72 Ala. 164. The affirmative charge should have been given. Thomas v. State, 72 So. 769, 15 Ala. App. 216. Harwell G. Davis, Atty. Gen., and Thos. E. Knight, Jr., Asst. Atty. Gen., for the State.
Defendant's plea of misnomer should have been sustained. Hewlett v. State, 135 Ala. 59, 33 So. 662. The affirmative charge should have been given. Thomas v. State, 15 Ala. App. 216, 72 So. 769. Harwell G. Davis, Atty. Gen., for the State.
McKinstry v. Tuscaloosa, 172 Ala. 347, 54 So. 629; Osborn v. State, 125 Ala. 106, 27 So. 758; Porter v. State, 20 Ala. App. 74, 101 So. 97; Hardaman v. State, 19 Ala. App. 563, 99 So. 53. Defendant was due the affirmative charge. Thomas v. State, 15 Ala. App. 216, 72 So. 769. Harwell G. Davis, Atty. Gen., and Lamar Field, Asst. Atty. Gen., for the State.
The court erred in finding the defendant guilty of selling liquor. 15 Ala. App. 216, 72 So. 769; 63 L.Ed. 424; Robinson v. State, post, p. 697, 86 So. 927. J.Q. Smith, Atty. Gen., and Lamar Field, Asst. Atty. Gen., for the State.