Hannah v. State

Alabama Court of Appeals

Hannah v. State

121 So. 442, 23 Ala. App. 88, 1929 Ala. App. LEXIS 76

CourtAlabama Court of Appeals

DecidedMarch 26, 1929

Docket8 Div. 720.

StatusPublished

This text of 121 So. 442 (Hannah 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

Hannah v. State, 121 So. 442, 23 Ala. App. 88, 1929 Ala. App. LEXIS 76 (Ala. Ct. App. 1929).

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Opinion

RICE, J.

Appellant was convicted of the offense of unlawfully having in his possession a still, etc., to be used for the purpose of manufacturing alcoholic, etc., liquors, etc.

Without passing upon the question of whether or not there was any testimony offered on the trial, legally tending to show any guilty connection between the appellant, and the articles denominated by the state’s witnesses a “still,” which were found by the officers, it is sufficient for a disposal of this appeal to say that there was no evidence that said articles were “commonly or generally used for, or that they were suitable to be used in, the manufacture of prohibited liquors and beverages.” ' This defect in the *89 proof is fatal to the state’s case. Wilson v. State, 20 Ala. App. 62, 100 So. 914; Ex parte State, etc., Wilson v. State, 211 Ala. 574, 100 So. 917.

For the error in refusing to give at appellant’s request the general affirmative charge 'in his favor, the judgment is reversed and the cause remanded.

Reversed and remanded.

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RICE, J.

Appellant was convicted of the offense of unlawfully having in his possession a still, etc., to be used for the purpose of manufacturing alcoholic, etc., liquors, etc.

Without passing upon the question of whether or not there was any testimony offered on the trial, legally tending to show any guilty connection between the appellant, and the articles denominated by the state’s witnesses a “still,” which were found by the officers, it is sufficient for a disposal of this appeal to say that there was no evidence that said articles were “commonly or generally used for, or that they were suitable to be used in, the manufacture of prohibited liquors and beverages.” ' This defect in the *89 proof is fatal to the state’s case. Wilson v. State, 20 Ala. App. 62, 100 So. 914; Ex parte State, etc., Wilson v. State, 211 Ala. 574, 100 So. 917.

For the error in refusing to give at appellant’s request the general affirmative charge 'in his favor, the judgment is reversed and the cause remanded.

Reversed and remanded.

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Bluebook (online)

121 So. 442, 23 Ala. App. 88, 1929 Ala. App. LEXIS 76, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hannah-v-state-alactapp-1929.

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