Milner v. State
Alabama Court of Appeals
Appeal from Circuit Court, Tallapoosa County; S. L. Brewer, Judge. Lon Milner was convicted of an attempt to manufacture prohibited liquors, and he appeals. No attempt was shown. 14 Ala. 411; 99 Me. 329, 59 Atl. 440 ; 3 Okl. Cr. 168, 104 Pac. 1073; 1 Ala. App. 106, 55 South. 321; 158 N. C. 627, 74 S. E. 356.
1Opinion of the CourtSamford, J.
[1] The lesser offense being embraced in a greater crime of the same nature and character, on the trial of a defendant charged with manufacturing spirituous, vinous, or malt liquors since the 25th day of January, 1919, the evidence failing to make out the charge in the highest degree, the defendant may be convicted under the indictment for the lesser offense of attempting to manufacture^ the prohibited liquors since January 25, 19Í9, provided the evidence is sufficient to make out the state’s case beyond a reasonable doubt.
[2, 3] To constitute the offense of an attempt to commit a crime…
2Cases cited3 opinions
- State v. DoranSupreme Judicial Court of Maine · 1904
- State v. MarshallSupreme Court of Alabama · 1848
- Johnson v. StateAlabama Court of Appeals · 1911
3Cited by3 opinions
- Masters v. StateAlabama Court of Appeals · 1922
- Whetstone v. StateAlabama Court of Appeals · 1923
- Bentley v. StateAlabama Court of Appeals · 1961