Gilbert v. State
Alabama Court of Appeals
Appeal from Circuit Court, De Kalb County; W. W. Haralson, Judge. Andrew Gilbert was convicted of violating the prohibition laws, aijd he appeals. The defendant was entitled to the affirmative charge, as the accomplices were not corroborated. Section 7897, Code 1901; 4 Ala.
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Appeal from Circuit Court, De Kalb County; W. W. Haralson, Judge. Andrew Gilbert was convicted of violating the prohibition laws, aijd he appeals. The defendant was entitled to the affirmative charge, as the accomplices were not corroborated. Section 7897, Code 1901; 4 Ala. App. 90, 58 South. 685. The court should not have examined the witnesses, as to matters about which the prosecuting attorney could not examine them; Section 43, Const. 1901. The remarks of the solicitor constituted a good ground for granting a new trial. 169 Ala. 552, 53 South. 803. There was sufficient corroboration. 134…
1Opinion of the CourtBr.ioken, P. J.
The indictment contained two counts. Count 1 charged (omitting the formal parts) that the defendant manufactured alcoholic, spirituous, malted, or mixed liquors or beverages, a part of which was alcohol. And the second count charged that he manufactured, sold, gave away, or had in' his possession a still, apparatus, appliance, or some device or substitute therefor, to be .used for the purpose of manufacturing prohibited liquors or beverages, etc.
There was a general verdict of guilty, and the judgment of conviction followed accordingly.
[1] The defendant moved the court to continue this cause…
2Cases cited5 opinions
- Stover v. StateSupreme Court of Alabama · 1920
- Louisville & Nashville Railroad v. Sullivan Timber Co.Supreme Court of Alabama · 1899
- Powell v. FolmarSupreme Court of Alabama · 1918
- White v. StateSupreme Court of Alabama · 1888
- Crawley v. StateAlabama Court of Appeals · 1918
3Cited by3 opinions
- Burns v. StateSupreme Court of Alabama · 1944
- Traylor v. StateAlabama Court of Appeals · 1924
- Walker v. StateAlabama Court of Appeals · 1925