Legal Opinion

Gilbert v. State

Alabama Court of Appeals

Decided February 7, 1922No. 7 Div. 731PublishedCited by 3 opinions

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

  1. Stover v. StateSupreme Court of Alabama · 1920
  2. Louisville & Nashville Railroad v. Sullivan Timber Co.Supreme Court of Alabama · 1899
  3. Powell v. FolmarSupreme Court of Alabama · 1918
  4. White v. StateSupreme Court of Alabama · 1888
  5. Crawley v. StateAlabama Court of Appeals · 1918

3Cited by3 opinions

  1. Burns v. StateSupreme Court of Alabama · 1944
  2. Traylor v. StateAlabama Court of Appeals · 1924
  3. Walker v. StateAlabama Court of Appeals · 1925

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