Legal Opinion

Biddle v. State

Alabama Court of Appeals

Decided February 5, 1924No. 7 Div. 911PublishedCited by 12 opinions

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

  1. Moon v. StateAlabama Court of Appeals · 1923
  2. Farmer v. StateAlabama Court of Appeals · 1924

3Cited by12 opinions

  1. Hudson v. StateSupreme Court of Alabama · 1947
  2. Elmore v. StateAlabama Court of Appeals · 1926
  3. Arrington v. StateAlabama Court of Appeals · 1931
  4. Morgan v. StateCourt of Criminal Appeals of Alabama · 1972
  5. Dixon v. StateSupreme Court of Alabama · 1958

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