Fillmore v. State
Alabama Court of Appeals
Appeal from Circuit Court, Tallapoosa County; S. L. Brewer, Judge. Will Fillmore was convicted of violating the Prohibition Law, and he appeals. The evidence for the state tended to show that on two occasions the house of the de fendant was searched, and on the first occasion a half barrel containing corn and shorts and sweetening was found in his house, and that this was in a fermented condition containing alcohol.
Read the full summary
Appeal from Circuit Court, Tallapoosa County; S. L. Brewer, Judge. Will Fillmore was convicted of violating the Prohibition Law, and he appeals. The evidence for the state tended to show that on two occasions the house of the de fendant was searched, and on the first occasion a half barrel containing corn and shorts and sweetening was found in his house, and that this was in a fermented condition containing alcohol. On the second occasion a tin lard can was found down at his hogpen containing whole corn, some meal or shorts, and some syrup or sugar, that the can was smoked, and had some mud…
1Opinion of the CourtSamford, J.
The indictment was in two counts. The first charged that defendant manufactured, sold, gave away, or had in his possession a still, apparatus, appliance, or a device or substitute therefor, for the purpose of manufacturing prohibited beverages. The second 'count charged a manufacturing of the liquor. -The defendant was convicted on the first count of the indictment, which of itself is an acquittal of the charge under. the second count.
We have carefully read and re-read the evidence, and cannot find therein sufficient evidence to overcome the presumption of innocence, which the law raises for…
2Cited by3 opinions
- Atchley v. StateAlabama Court of Appeals · 1927
- Lee v. StateAlabama Court of Appeals · 1924
- Barker v. StateAlabama Court of Appeals · 1925