Stewart v. State
Alabama Court of Appeals
Appeal from Circuit Corfrt, Lauderdale County; Ü. P. Almon, Judge. W. J. Stewart was convicted of violating the prohibition laws, and he appeals. The facts do not support the judgment in this case, and the defendant was entitled to the affirmative charge. 17 Ala.
Read the full summary
Appeal from Circuit Corfrt, Lauderdale County; Ü. P. Almon, Judge. W. J. Stewart was convicted of violating the prohibition laws, and he appeals. The facts do not support the judgment in this case, and the defendant was entitled to the affirmative charge. 17 Ala. App. 493, 85 South. 867. The facts of this case differentiate it from the case relied on by appellant, and, there being direct conflict in the evidence, the defendant was not entitled to the affirmative charge. 79 South. 802.
1Opinion of the CourtBricken, P. J.
The defendant was indicted, tried, and convicted for the offense of making or manufacturing spirituous, vinous, or malt liquors; his term of imprisonment being fixed by the court within the limits provided by law.
[1] On this appeal it is earnestly insisted that the state failed to make out its case*, in that it failed to prove that whisky had been made, and therefore failed to prove that the defendant was guilty of the offense charged, and was therefore entitled to the affirmative charge as a consequence of such failure of proof. The case of Mills v. State, 17 Ala. App. 493, 85 South. 867, is…
2Cases cited1 opinion
- Mills v. StateAlabama Court of Appeals · 1920
3Cited by3 opinions
- State v. GlasburnOregon Supreme Court · 1925
- Murphy v. StateAlabama Court of Appeals · 1921
- Nuby v. StateAlabama Court of Appeals · 1923