Nichols v. State
Alabama Court of Appeals
Appeal from Circuit Court, Pike County; A. B. Foster, Judge. George Nichols was convicted of manufacturing prohibited liquors, and he appealed. The indictment charges in the first count that George did distill, make, or manufacture alcoholic, spirituous, malted, or mixed liquors, etc.
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Appeal from Circuit Court, Pike County; A. B. Foster, Judge. George Nichols was convicted of manufacturing prohibited liquors, and he appealed. The indictment charges in the first count that George did distill, make, or manufacture alcoholic, spirituous, malted, or mixed liquors, etc. The second count charges that George Nichols did manufacture, sell or give away or have in possession a still, apparatus, appliance, device, or substitute therefor, to be used for the purpose of manufacturing liquors, beverages, etc. The demurrer raised the-proposition that two separate and distinct felonies…
1Opinion of the CourtBricken, P. J.
[1] The ruling of the court upon the demurrers to the indictment was so obviously free fqom error that this question needs no discussion. Code 1907, § 7151, and eases cited in footnotes.
[2] The court’s ruling upon the evidence is free from error.
The evidence adduced upon the trial of this cause was in conflict, and there was ample evidence, if believed by the .jury, upon which to predicate a verdict of guilt.
■The affirmative charge was properly refused.
No error appearing, the judgment of the lower court is affirmed.
Affirmed.
2Cited by2 opinions
- Myrick v. StateAlabama Court of Appeals · 1924
- Casey v. StateAlabama Court of Appeals · 1923