Seigler v. State
Alabama Court of Appeals
Appeal from Circuit. Court, Marshall County; W. W. Haralson, Judge. John Seigler was convicted of possessing a still, and he appeals. The evidence was insufficient to convict defendant. IS Ala. App. 245, 90 South. 277; 89 South. 98; 18 Ala. App. 217, 90 South. 16; 18 Ala. App. 116, 90 South. 135; 90 South. 42; 92 South. 94; 18 Ala. App. 470, 92 South. 914; 93 South. 214; 18 Ala. App. 566, 93 South. 59; 89 South. 306. No brief reached the Reporter.
1Opinion of the Court
SAMÍPORD, J.
The prosecution in this case was by indictment in two counts; the first charging that the defendant manufactured liquor, and the second that he had in his possession a still, etc. After the evidence was all in, the state, by its solicitor, with the consent of the court, eliminated the charge under the first count for lack of evidence to sustain it, and the cause proceeded to judgment under the second count.
[1, 2] In order for the state to sustain a conviction under this count, it must establish by evidence, beyond a reasonable doubt, that the defendant had in his possession a…
2Cited by11 opinions
- Hudson v. StateSupreme Court of Alabama · 1947
- Garsed v. StateCourt of Criminal Appeals of Alabama · 1973
- Hightower v. StateAlabama Court of Appeals · 1929
- Miller v. StateAlabama Court of Appeals · 1926
- Moody v. StateAlabama Court of Appeals · 1925
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