Howard v. State

Alabama Court of Appeals

Howard v. State

153 So. 781, 26 Ala. App. 103, 1934 Ala. App. LEXIS 40

CourtAlabama Court of Appeals

DecidedMarch 6, 1934

Docket7 Div. 35.

StatusPublished

This text of 153 So. 781 (Howard 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

Howard v. State, 153 So. 781, 26 Ala. App. 103, 1934 Ala. App. LEXIS 40 (Ala. Ct. App. 1934).

Pincite

Opinion

SAMFORD, Judge.

The evidence tends to prove that the officers went to the home of defendant and found him in possession of ten bottles, nine of which contained home-brew and one was empty and sitting by the side of defendant. The evidence also tended to prove that the defendant had just drunk the contents of the empty bottle and that all of the home-brew contained alcohol. This was sufficient evidence to sustain a conviction under section 4621 of the Code of 1923.

The fact that defendant had just drunk a bottle of the “home-bi'ew” and was intoxicated is some evidence tending to prove that the home-bx’ew was a beverage and was intoxicating.

There' was no evidence tending to prove that the home-brew was such a beverage as is designated in Acts 1932, p. 56, which' permits *104 the manufacture and possession of certain beverages therein described. That act has no application to this case.

The judgment is affirmed.

Affirmed.

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