Biddle v. State
Alabama Court of Appeals
Appeal from Circuit Court, De Kalb Coun-‘ ty; W. W. Haralson, Judge. Adolphus Biddle was convicted of distilling, and appeals. The evidence was not sufficient to justify a conviction. Moon v. State, ante, p. 176, 95 South. 830; Lee v. State, 18 Ala. App. 566, 93 South. 59. No brief reached the Reporter.
1Opinion of the CourtSamford, J.
[1, 2] It is not a violation of the law for a man to be present at a still when whisky is being made. This was all the testimony for the state tended to show. If a defendant is present at a still located oñ his own premises or premises under his control, a different question would be presented. The "affirmative charge should have been given for the defendant as requested. Moon v. State, ante, p. 176, 95 South. 830; Farmer v. State, ante, p. 560, 99 South. 59.
The judgment is reversed, and the cause is remanded.
Reversed and remanded.
2Cases cited2 opinions
- Moon v. StateAlabama Court of Appeals · 1923
- Farmer v. StateAlabama Court of Appeals · 1924
3Cited by12 opinions
- Hudson v. StateSupreme Court of Alabama · 1947
- Elmore v. StateAlabama Court of Appeals · 1926
- Arrington v. StateAlabama Court of Appeals · 1931
- Morgan v. StateCourt of Criminal Appeals of Alabama · 1972
- Dixon v. StateSupreme Court of Alabama · 1958
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