Cleckler v. State

112 So. 185, 22 Ala. App. 17, 1926 Ala. App. LEXIS 10

• Court: Alabama Court of Appeals
• Decided: December 7, 1926
• Docket: 5 Div. 637.
• Status: Published

Opinion

RICE, J.

According to the law as it has been made by the prohibition statutes and the decisions of this court, we state the following two principles:

(1) Any act performed with or upon any part of a still suitable to be used for making whisky may be considered an act of dominion over same, from which the jury may infer the defendant’s possession of such part. ■ ■

(2) The possession of any ■ part of a still suitable to be used for making whisky is a fact from which the jury is authorized to infer the possession of- a complete still of such kind.

Measuring the case before / us by these principles, and without discussing the evidence, the appellant was not entitled to the general affirmative charge requested by him.

Judgment .affirmed.

Affirmed;