Legal Opinion

Berry v. State

Alabama Court of Appeals

Decided February 9, 1932No. 7 Div. 901Published

1Opinion of the CourtRice, J.

Appellant was convicted of the offense of unlawfully being in possession, etc., of a still, etc., to be used for the purpose of manufacturing prohibited liquors, etc.

There was no error in allowing the state’s witness Smith to testify that the still in question was a “complete distilling outfit.” He was properly qualified as an expert. Weeks v. State, 21 Ala. App. 397, 109 So. 117; Horton v. State, 20 Ala. App. 55, 100 So. 620.

What we have said above is true as to the testimony of this same witness that “(prohibited) liquor 'could have been made on that outfit.” Authorities supra.

Appellant’s…

2Cases cited2 opinions

  1. Weeks v. StateAlabama Court of Appeals · 1926
  2. Horton v. StateAlabama Court of Appeals · 1924

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