Legal Opinion

Tice v. State

Alabama Court of Appeals

Decided December 19, 1911PublishedCited by 9 opinions

Appeal, from Marion Circuit Court. Heard before Hon. C. P. Almon. Jordan Tice was convicted of manufacturing spirituous, vinous, malt or intoxicating liquors, and he appeals. Motion to exclude state’s evidence because not sufficient should have been granted. — Moore v. The State, 149 Ala. 66. On the same authority, the affirmative charge should have been given.

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Appeal, from Marion Circuit Court. Heard before Hon. C. P. Almon. Jordan Tice was convicted of manufacturing spirituous, vinous, malt or intoxicating liquors, and he appeals. Motion to exclude state’s evidence because not sufficient should have been granted. — Moore v. The State, 149 Ala. 66. On the same authority, the affirmative charge should have been given. The court erred in its oral-charge. — Clemmons v. The State, 52 S'outh. 467; Cayno v. L. & A., 186 Ala. 244; Lantern v. The State, 55 South. 1032; White v. The State, 111 Ala. 92; Andrew's v. The State, 48 South. 863. The evidence was…

1Opinion of the CourtPelham, J.

Appellant was tried for manufacturing spirituous, vinous, malt, or alcoholic liquors, and appeals from the judgment of conviction.

The witness examined on behalf of the state testified that he saw the defendant and two other parties at a still, located about one-half to three-quarters of a mile from defendant’s house, that “looked like” it had been in operation for some time; that there was a 10-gallon keg sitting at the still, and 3 or 4 barrels in the hollow nearby. The witness further testified that when he came up and joined the three parties at the still the defendant “seemed to be at…

2Cases cited15 opinions

  1. Way v. StateSupreme Court of Alabama · 1908
  2. City Council of Montgomery v. Gilmer & TaylorSupreme Court of Alabama · 1858
  3. Washington v. StateSupreme Court of Alabama · 1894
  4. Downey v. StateSupreme Court of Alabama · 1896
  5. Reynolds v. StateSupreme Court of Alabama · 1881

10 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Dickey v. StateAlabama Court of Appeals · 1916
  2. Carter v. Tenn. C. I. & R. R. Co.Supreme Court of Alabama · 1913
  3. Garner v. StateAlabama Court of Appeals · 1949
  4. Foote v. StateAlabama Court of Appeals · 1917
  5. East Pratt Coal Co. v. JonesAlabama Court of Appeals · 1917

4 more not listed; retrieve them via the Exa API.

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