Parcus v. State
Alabama Court of Appeals
Appeal from Circuit Court, Marshall County; W. W. Haralson, Judge. Henry Parcus was convicted of violating the prohibition law, and appeals. Affirmed. The mere fact that defendant was discovered some distance from the still, without evidence of his possession, control, or situation of the still upon his lands, is insufficient to convict him- Mitchell v. State, 18 Ala. App. 119, 89 South. 98; Clark v. State, 18 Ala. App. 217, 90 South. 16; Jones v. State, 18 Ala.
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Appeal from Circuit Court, Marshall County; W. W. Haralson, Judge. Henry Parcus was convicted of violating the prohibition law, and appeals. Affirmed. The mere fact that defendant was discovered some distance from the still, without evidence of his possession, control, or situation of the still upon his lands, is insufficient to convict him- Mitchell v. State, 18 Ala. App. 119, 89 South. 98; Clark v. State, 18 Ala. App. 217, 90 South. 16; Jones v. State, 18 Ala. App. 116, 90 South. 135; Adams v. State, 18 Ala. App. 143, 90 South. 42; Seigler v. State, ante, p. 135, 95 South. 563; Ham-mons v.…
1Opinion of the CourtFoster, J.
The appellant (defendant in the’ court below) was convicted for violation of the prohibition laws.
1 Counsel for appellant earnestly insist that there was not sufficient testimony shown by the record to sustain a conviction. No ruling of the trial court was invoked upon this question ; the affirmative charge was not requested, ,nor was a motion for a new trial made. Section 5362, Code 1907, provides that the court shall not charge upon the effect of the evidence unless required to do so by one of the parties.
It has been decided many times by our Supreme Court and this court that, where the…
2Cases cited5 opinions
- McPherson v. StateSupreme Court of Alabama · 1916
- Ross v. StateAlabama Court of Appeals · 1918
- Tucker v. StateSupreme Court of Alabama · 1918
- Morrissette v. StateAlabama Court of Appeals · 1917
- Warren v. StateAlabama Court of Appeals · 1921
3Cited by6 opinions
- Fendley v. StateAlabama Court of Appeals · 1951
- Commons v. StateAlabama Court of Appeals · 1951
- Duncan v. StateAlabama Court of Appeals · 1926
- Campbell v. StateAlabama Court of Appeals · 1924
- Duncan v. StateAlabama Court of Appeals · 1926
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