Sharp v. State

Alabama Court of Appeals

Sharp v. State

112 So. 460, 22 Ala. App. 81, 1927 Ala. App. LEXIS 48

CourtAlabama Court of Appeals

DecidedApril 19, 1927

Docket8 Div. 516.

StatusPublished

This text of 112 So. 460 (Sharp 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

Sharp v. State, 112 So. 460, 22 Ala. App. 81, 1927 Ala. App. LEXIS 48 (Ala. Ct. App. 1927).

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Opinion

SAMFORD, J.

The mere presence of a person at a still where whisky is being manufactured is not sufficient upon which to predicate a conviction. But, where the presence is shown, and the person does any act, or speaks any word, indicating ownership, possession, joint or several, or from which a legal inference could be drawn that defendant was aiding or abetting in the possession of the still or the manufacture of the whisky then being made, the question of guilt is properly submitted to the jury. Elmore v. State, 21 Ala. App. 410, 109 So. 114.

There is no error in the record, and the judgment is affirmed.

Affirmed.

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SAMFORD, J.

The mere presence of a person at a still where whisky is being manufactured is not sufficient upon which to predicate a conviction. But, where the presence is shown, and the person does any act, or speaks any word, indicating ownership, possession, joint or several, or from which a legal inference could be drawn that defendant was aiding or abetting in the possession of the still or the manufacture of the whisky then being made, the question of guilt is properly submitted to the jury. Elmore v. State, 21 Ala. App. 410, 109 So. 114.

There is no error in the record, and the judgment is affirmed.

Affirmed.

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Bluebook (online)

112 So. 460, 22 Ala. App. 81, 1927 Ala. App. LEXIS 48, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sharp-v-state-alactapp-1927.

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