Loman v. State
Alabama Court of Appeals
Appeal from Circuit Court, Barbour County ; J. S. Williams, Judge. Tom Roman was convicted of possessing a still, and he appeals. Counsel argue for error in the rulings discussed, but without citing authorities. The defendant was without right to require the state to offer the still in evidence. 1 Mayfield’s Dig. p. 320, 37; Acts 1919, p. 12, § 12; Peek v. State, ante, p. 370, 97 South. 374. The confession made before the justice of the peace was admissible. 4 Michie’s Ála.
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Appeal from Circuit Court, Barbour County ; J. S. Williams, Judge. Tom Roman was convicted of possessing a still, and he appeals. Counsel argue for error in the rulings discussed, but without citing authorities. The defendant was without right to require the state to offer the still in evidence. 1 Mayfield’s Dig. p. 320, 37; Acts 1919, p. 12, § 12; Peek v. State, ante, p. 370, 97 South. 374. The confession made before the justice of the peace was admissible. 4 Michie’s Ála. Dig. 237. Where facts are fully proven, the court may so state .in charge to the jury. Miller v. State, 107 Ala. 40,119…
1Opinion of the CourtSamford, J.
[1,2] The trough and pipe, as being a part of a still alleged to have been found on defendant’s premises, were admissible in evidence as a part of the res gesteo of the crime charged in the indictment. Mitchell v. State, 94 Ala. 68, 10 South. 518; Ezell v. State, 103 Ala. 8, 15 South. 818. But where the articles comprising the still charged to have been possessed by defendant have been testified to, and no element of contention appears in the record that the ártieles were not a part of a still, and it being the duty of appellant to show injury in the court’s ruling, the court will not be…
2Cases cited3 opinions
- Mitchell v. StateSupreme Court of Alabama · 1891
- Bibb v. StateSupreme Court of Alabama · 1887
- Ezell v. StateSupreme Court of Alabama · 1893
3Cited by6 opinions
- State v. SedamIdaho Supreme Court · 1940
- Booker v. City of BirminghamAlabama Court of Appeals · 1929
- Gray v. StateAlabama Court of Appeals · 1940
- Dawson v. StateAlabama Court of Appeals · 1926
- Robinson v. City of DecaturAlabama Court of Appeals · 1947
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