DocketNumber: 7 Div. 974.
Citation Numbers: 99 So. 59, 19 Ala. App. 560, 1924 Ala. App. LEXIS 28
Judges: Samford
Filed Date: 2/5/1924
Status: Precedential
Modified Date: 10/19/2024
The defendant was convicted under an indictment which in two counts charged the manufacture of whisky and possessing a still, and from the judgment he appeals.
There was no evidence to connect the defendant either with the manufacture of whisky or the possession of a still, other than his mere presence at a still located on lands not in his possession. It has many times been held by this court that this is not sufficient evidence to sustain a conviction. The defendant was entitled to the general affirmative charge. Moon v. State (Ala.App.)
The judgment is reversed, and the cause is remanded.
Reversed and remanded.