Adams v. State
Alabama Court of Appeals
Appeal from Circuit Court, Marshall County; W. W. Harralson, Judge. Nesbit Adams was convicted of distilling, and he appealed. The evidence tended to show that Adams was at home, in bed, when the officers visited his house; that some whisky was found buried in the garden, and some had been poured out; that a still was found in a ditch near by, -close to the line between Adams’ place and Woodham’s place.
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Appeal from Circuit Court, Marshall County; W. W. Harralson, Judge. Nesbit Adams was convicted of distilling, and he appealed. The evidence tended to show that Adams was at home, in bed, when the officers visited his house; that some whisky was found buried in the garden, and some had been poured out; that a still was found in a ditch near by, -close to the line between Adams’ place and Woodham’s place. After discussing several matters, not touched on in the opinion, with citation of authority, counsel insist that under the Mitchell case, the facts did not warrant a conviction. Brief of…
1Opinion of the CourtSamford, J.
We have carefully examined the evidence in this case, and are of the opinion that the evidence for the state is not sufficient upon which to base a conviction, and that the affirmative charge as requested by the defendant should have been given. Mitchell v. State, ante, p. 119, 89 South. 98.
For this error the judgment is reversed, and the cause is remanded.
Reversed and remanded.
2Cited by6 opinions
- Knight v. StateAlabama Court of Appeals · 1923
- Leith v. StateAlabama Court of Appeals · 1924
- Koonce v. StateAlabama Court of Appeals · 1922
- Watts v. StateAlabama Court of Appeals · 1924
- Dawkins v. StateAlabama Court of Appeals · 1923
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