Vandiver v. State

73 So.2d 566 (1953)

VANDIVER

v.

STATE.

8 Div. 244.

Court of Appeals of Alabama.

November 3, 1953.

Rehearing Denied March 16, 1954.

Rogers & Tyree, Florence, Wm. Stell, Russellville, for appellant.

Si Garrett, Atty. Gen., Wm. H. Sanders, Asst. Atty. Gen., for the State.

PRICE, Judge.

Appellant, Henry Woodrow Vandiver, and one Walter D. Riggs were jointly indicted and tried together. The indictment charged in Count one the offense of distilling prohibited liquors and in Count two, the illegal possession of a still. When the State had rested its case the defendant moved to exclude the evidence as to both…