Conway v. State
Conway v. State
Opinion of the Court
The questions raised by demurrers to the indictment and by the plea in abatement have been decided adversely to the appellant in the case of Lang v. State, 206 Ala. 58, 89 South. 166, and ante, p. 88, 89 South. 164.
“Who was it that told you there was a still being operated up there by the defendant at any time prior to the time you went there?”
In addition to being otherwise objectionable, it assumes as a fact that some one had given witness this information, when no such fact is disclosed by the testimony. This much may also be said as to the court’s action in sustaining the objection of the defendant to the following question, propounded to the same witness, “Will you tell us how you received that information?”
There is no error in the record, and the judgment of the trial court is affirmed.
Affirmed.
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Case-law data current through December 31, 2025. Source: CourtListener bulk data.