Dawkins v. State
Alabama Court of Appeals
Appeal from Circuit Court, Lowndes County ; Arthur E. Gamble, Judge. Walt Dawkins was convicted of violating the Prohibition Law, and appeals. Evidence that defendant was standing near a still, without more, is not sufficient to convict him of distilling. Hanson v. State, ante, p. 249, 96 South. 655; Guin v. State, ante, p. 67, 94 South. 788. The evidence of defendant’s activity at the still was sufficient to go to the jury.
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Appeal from Circuit Court, Lowndes County ; Arthur E. Gamble, Judge. Walt Dawkins was convicted of violating the Prohibition Law, and appeals. Evidence that defendant was standing near a still, without more, is not sufficient to convict him of distilling. Hanson v. State, ante, p. 249, 96 South. 655; Guin v. State, ante, p. 67, 94 South. 788. The evidence of defendant’s activity at the still was sufficient to go to the jury. Stewart v. State, ante, p. 389, 97 South. 684; Whitfield v. State, ante, p. 326, 97 South. 168; Gidley v. State, ante, p. 818, 97 South. 170. No question of the…
1Opinion of the CourtFoster, J.
The indictment contained two counts. The first count charged the manufacture of prohibited liquors; the second count charged the possession of a still.
The evidence for the state tended to show that the defendant and one Hawk Hall, together with some negroes, were working at certain stills about 10 o’clock at night, and that whisky was being manufactured. There were four stills found in operation in the woods about two miles from the defendant’s home.
[1, 2] The evidence was sufficient to submit to the jury the question of the guilt vel non of the defendant. Stewart v. State (Ala. App.) 97…
2Cases cited3 opinions
- Stewart v. StateAlabama Court of Appeals · 1923
- Whitfield v. StateAlabama Court of Appeals · 1923
- Thomas v. StateAlabama Court of Appeals · 1922
3Cited by4 opinions
- Horn v. StateAlabama Court of Appeals · 1927
- Duncan v. StateAlabama Court of Appeals · 1926
- Fuller v. StateAlabama Court of Appeals · 1926
- Duncan v. StateAlabama Court of Appeals · 1926