Farmer v. State
Alabama Court of Appeals
Appeal from Circuit Court, De Kalb County; W. W. Haralson, Judge. George Farmer was convicted of violating the prohibition law, and appeals. The mere presence of one where whisky is being made is not evidence of his guilt. Lee v. State, 18 Ala. App. 566, 93 South. 59; Guin v. State, ante, p. 67, 94 South. 788; Moon v. State, ante, p. 176, 95 South. 830; Morris v. State, 18 Ala. App. 456, 93 South/ 61. No brief reached the Reporter.
1Opinion of the CourtSamford, J.
The defendant was convicted under an indictment which in two counts charged the manufacture of whisky and possessing a still, and from the judgment he appeals.
Thei’e was no evidence to connect the defendant either with the manufacture of whisky or the possession of a still, other than his mere presence at a still located on lands not in his possession. It has many times been held by this court that this is not sufficient evidence to sustain a conviction. The defendant was entitled to the general affirmative charge. Moon v. State (Ala. App.) 95 South. 830; Guin v. State, ante, p. 67, 94 South.…
2Cases cited3 opinions
- Guin v. StateAlabama Court of Appeals · 1922
- Moon v. StateAlabama Court of Appeals · 1923
- Morris v. StateAlabama Court of Appeals · 1922
3Cited by7 opinions
- Parks v. StateCourt of Criminal Appeals of Alabama · 1971
- Hudson v. StateSupreme Court of Alabama · 1947
- Pryor v. StateCourt of Criminal Appeals of Alabama · 1972
- Biddle v. StateAlabama Court of Appeals · 1924
- Moody v. StateAlabama Court of Appeals · 1925
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