Cunningham v. State

Alabama Court of Appeals

Cunningham v. State

140 So. 176, 25 Ala. App. 28, 1932 Ala. App. LEXIS 43

CourtAlabama Court of Appeals

DecidedJanuary 19, 1932

Docket6 Div. 69.

StatusPublished

Cited by3 cases

This text of 140 So. 176 (Cunningham v. State) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cunningham v. State, 140 So. 176, 25 Ala. App. 28, 1932 Ala. App. LEXIS 43 (Ala. Ct. App. 1932).

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Opinions

This defendant was seen carrying a five-gallon jug of whisky from a whisky still. The still was not on land belonging to or under the control of defendant, and there is no evidence tending to connect the defendant with the manufacture of whisky. Another party was attending the still when the officers arrived, and this party was arrested, charged with manufacturing whisky. No one saw defendant do anything except to carry away the five-gallon jug, which they supposed contained whisky. This being all of the evidence tending to connect the defendant with the crime charged, he was entitled to the general charge. Moon v. State, 19 Ala. App. 176,95 So. 830.

For the refusal to give this charge the judgment is reversed, and the cause is remanded.

Reversed and remanded.

On Rehearing. Application for rehearing granted. Former opinion withdrawn. Opinion substituted. Reversed and remanded. *Page 29

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This defendant was seen carrying a five-gallon jug of whisky from a whisky still. The still was not on land belonging to or under the control of defendant, and there is no evidence tending to connect the defendant with the manufacture of whisky. Another party was attending the still when the officers arrived, and this party was arrested, charged with manufacturing whisky. No one saw defendant do anything except to carry away the five-gallon jug, which they supposed contained whisky. This being all of the evidence tending to connect the defendant with the crime charged, he was entitled to the general charge. Moon v. State, 19 Ala. App. 176,95 So. 830.

For the refusal to give this charge the judgment is reversed, and the cause is remanded.

Reversed and remanded.

On Rehearing. Application for rehearing granted. Former opinion withdrawn. Opinion substituted. Reversed and remanded. *Page 29

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140 So. 176, 25 Ala. App. 28, 1932 Ala. App. LEXIS 43, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cunningham-v-state-alactapp-1932.

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