Corkran v. State
Alabama Court of Appeals
Appeal from Circuit Court, Marion County; C. P. Almon, Judge. Victor Corkran was convicted of violating the prohibition laws, and he appeals. The evidence tended to show that the defendant maintained a small outfit consisting of a carbide eán, holding about 12 gallons, a wooden cap, and a copper pipe measuring about 14 inches, and that he attempted to make one or two runs, but that he got no further than the singlings, and that was not whisky, and not. fit to drink.
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Appeal from Circuit Court, Marion County; C. P. Almon, Judge. Victor Corkran was convicted of violating the prohibition laws, and he appeals. The evidence tended to show that the defendant maintained a small outfit consisting of a carbide eán, holding about 12 gallons, a wooden cap, and a copper pipe measuring about 14 inches, and that he attempted to make one or two runs, but that he got no further than the singlings, and that was not whisky, and not. fit to drink. He testified that he made only one run, and that that got burned up, that he was able to save only one pint, and that that was…
1Opinion of the CourtBrigken, J.
[1] A careful examination of the entire record in this ease and of all the evidence adduced upon the trial in the court below convinces us that the court erred in giving the general affirmative charge for the state. This case is not unlike that of Mixon v. State, 14 Ala. App. 11, 70 South. 949, on authority of which the judgment of the lower court in the ease at bar is reversed, and the cause remanded..[2] An attempt to commit a misdemeanor, which is purely statutory; and not malum in se, is not indictable as a separate misdemeanor, unless made so by statute. Whitesides v. State, 11 Lea…
2Cases cited1 opinion
- Mixon v. StateAlabama Court of Appeals · 1916
3Cited by3 opinions
- Mote v. StateAlabama Court of Appeals · 1920
- Shaw v. StateAlabama Court of Appeals · 1922
- Soutoula v. StateAlabama Court of Appeals · 1924