Biddle v. State, 99 So. 59

SAMFORD, J.

[1, 2] It is not a violation of the law for a man to be present at a still when whisky is being made. This was all the testimony for the state tended to show. If a defendant is present at a still located oñ his own premises or premises under his control, a different question would be presented. The “affirmative charge should have been given for the defendant as requested. Moon v. State, ante, p. 176, 95 South. 830; Farmer v. State, ante, p. 560, 99 South. 59.

The judgment is reversed, and the cause is remanded.

Reversed and remanded.

Case Details

Case Name: Biddle v. State

Court Name: Alabama Court of Appeals

Date Published: Feb 5, 1924

Citations: 99 So. 59; 19 Ala. App. 563; 1924 Ala. App. LEXIS 31; 7 Div. 911.

Docket Number: 7 Div. 911.

Court Abbreviation: Ala. Ct. App.