Legal Opinion

Barnes v. State

Alabama Court of Appeals

Decided January 10, 1922No. 5 Div. 382PublishedCited by 7 opinions

Appeal from Circuit Court, Lee County; Lum Duke, Judge. Cleve Barnes was convicted of violating the Prohibition Law, and he appeals. The indictment is as follows: The grand jury of said county charge that, before the finding of this indictment, and after January 25, 1919, Cleve Barnes distilled, made, or manufactured alcoholic, spirituous, malted, or mixed liquors or beverages, a part of which was alcohol.

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Appeal from Circuit Court, Lee County; Lum Duke, Judge. Cleve Barnes was convicted of violating the Prohibition Law, and he appeals. The indictment is as follows: The grand jury of said county charge that, before the finding of this indictment, and after January 25, 1919, Cleve Barnes distilled, made, or manufactured alcoholic, spirituous, malted, or mixed liquors or beverages, a part of which was alcohol. The grand jury of said county further charge that, before the finding of this indictment, and after the 25th day of January, 1919, Cleve Barnes distilled, made, or manufactured alcoholic,…

1Opinion of the CourtSameord, J.

[1] The motion to strike defendant’s plea was properly grantéd. Powell v. State, ante, p. 101, 90 South. 138.

[2-4] Defendant’s demurrers to the indictment were properly overruled. Taylor v. State, 17 Ala. App. 579, 88 South. 205.

[5] There was evidence tending to prove the state’s case and therefore the general •charge as requested by the defendant was properly refused.

[6] The carrying of wood to the still for the purpose of making whisky, was aiding or abetting, and hence charge 7 was properly refused.

We find no error in the record, and the judgment is affirmed.

Affirmed.

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2Cases cited2 opinions

  1. Powell v. StateAlabama Court of Appeals · 1921
  2. Taylor v. StateAlabama Court of Appeals · 1920

3Cited by7 opinions

  1. McKenzie v. StateAlabama Court of Appeals · 1923
  2. Wells v. StateAlabama Court of Appeals · 1923
  3. Bishop v. StateAlabama Court of Appeals · 1923
  4. Largin v. StateAlabama Court of Appeals · 1925
  5. Aldridge v. StateAlabama Court of Appeals · 1925

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