103 So. 480 | Ala. Ct. App. | 1925
The prosecution against this defendant in this case was commenced in the inferior criminal court of Mobile county, the charge being a violation of the prohibition laws of the state by unlawfully having in his possession prohibited liquors. From a judgment of conviction in said court, he appealed to the Mobile circuit court, and was there tried by the court without a jury for the same offense. He was again convicted and from the judgment of conviction in the circuit court this appeal was taken.
No brief has been filed in behalf of appellant, although it appears from the record he was represented by counsel in the circuit court. However, the law places upon the appellate court the duty of considering all questions apparent on the record or reserved by bill of exceptions, etc. Section 3258, Code 1923.
On the trial below, as shown by the bill of exceptions contained in this transcript, several rulings of the court were invoked upon the admission of evidence, and the exceptions taken in this connection are relied upon to effect a reversal of the judgment appealed from. The several rulings complained of as constituting error have been examined. Some of these rulings appear of doubtful propriety, especially those relating to a still found in the woods in the vicinity of defendant's place of residence. This defendant in this case was not charged with the possession of a still, and the facts incident to a still being found in that community were not necessary to a conviction of the offense with which he was charged, and for which he was alone required to answer. In the case of Dennison v. State,
Reversed and remanded.
