Whitfield v. State

We cannot accord to the insistence of appellant that the defendant was entitled to the general affirmative charge, as there was some evidence tending to show his participation in the operation of the still in question. This evidence made a jury question; therefore the court was without authority to direct a verdict in his behalf, and did not err in refusing the affirmative charge. Suttle v. State, 19 Ala. App. 198, 96 So. 90.

This case will have to be reversed however, because of the improper and highly prejudicial conduct of the solicitor, who, instead of trying the issues involved upon this…