Murphy v. State
Alabama Court of Appeals
Appeal from Circuit Court, Lee County; S. L. Brewer, Judge. Clem Murphy was convicted of distilling prohibited liquors, and he appeals. The defendant was entitled to the affirmative charge. 5 Words and Phrases, 4181; 159 Ala. 71, 48 South. 864, 133 Am. St. Rep. 20; 40 Minn. 55, 41 N. W. 299; 16 Ala.
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Appeal from Circuit Court, Lee County; S. L. Brewer, Judge. Clem Murphy was convicted of distilling prohibited liquors, and he appeals. The defendant was entitled to the affirmative charge. 5 Words and Phrases, 4181; 159 Ala. 71, 48 South. 864, 133 Am. St. Rep. 20; 40 Minn. 55, 41 N. W. 299; 16 Ala. App. 240, 77 South. 78; Acts 1919, p. 6. The case is practically on all fours with the case of W. J. Stewart v. State, ante, p. 114, 90 South. 49, and should be affirmed on the authority of that case.
1Opinion of the CourtBricken, P. J.
Appellant was indicted, tried and convicted as charged in the following count of the .indictment:
“The grand jury of said county charge that before the finding of this indictment, Clem Murphy after January 25, 1919, distilled, made, or manufactured alcoholic, spirituous, malted, ! or mixed liquors or beverages, a part of which was alcohol, ¡contrary to law.”
On the trial of this case in the circuit court there were but two witnesses examined, one for the state, and the defendant alone testified in his own behalf. There was but slight conflict in the testimony, and the “statement of facts” made…
2Cases cited1 opinion
- Stewart v. StateAlabama Court of Appeals · 1921
3Cited by1 opinion
- Wadsworth v. StateAlabama Court of Appeals · 1922