Medders v. State

The mere fact that a man is present at a still then being operated, without some evidence to connect him with the operation, either directly or indirectly, is not sufficient evidence upon which to base a verdict of conviction; but the insufficiency of the evidence to convict cannot be raised in this court for the first time. The record fails to show either a request and refusal of the affirmative charge or a motion for a new trial or other action testing the sufficiency of the evidence. Bean v. State, 18 Ala. App. 281, 91 So. 499.

The attempt to manufacture prohibited liquor is an indictable…