Alabama Court of Appeals, 1933

Herbert v. State

Herbert v. State
Alabama Court of Appeals · Decided June 30, 1933 · Bricken
149 So. 925; 25 Ala. App. 639 (Southern Reporter)

Herbert v. State

Opinion of the Court

BRICKEN, Presiding Judge.

Count 1 of the indictment, upon which the conviction of this appellant.was had, charged ' him' with distilling, making, or manufacturing alcoholic, spirituous, malted, or mixed liquors or beverages, a part of which was alcohol, etc.

The corpus delicti wás proven without dispute or conflict, and the evidence-as, .to., the guilt of this appellant, defendant below, was in conflict, and therefore presented a jury question rendering inapt the general affirmative charge requested by the deféndánt. This charge was properly refused. ‘

The several exceptions reserved to the court’s rulings upon the .admission of evidence are so clearly without merit they need' ñó’ discussion. 1 '■• ’ 1 '

The record proper appeal's regular and also without error.

The judgment of conyiction. from which this appeal was taken' will stand affirmed'.

Affirmed.

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