Alabama Court of Appeals, 1924

Farmer v. State

Farmer v. State
Alabama Court of Appeals · Decided February 5, 1924 · Samford
99 So. 59; 19 Ala. App. 560; 1924 Ala. App. LEXIS 28 (Southern Reporter)

Farmer v. State

Opinion of the Court

SAMFORD, J.

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.

Thei’e 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.) 95 South. 830; 1 Guin v. State, ante, p. 67, 94 South. 788; Morris v. State, 18 Ala. App. 456, 93 South. 61.

The judgment is reversed, and the cause is remanded. , ,

Reversed and remanded.

1

Ante, p. 176.

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