Farmer v. State
99 So. 59 | Ala. Ct. App. | 1924
The defendant was convicted under an indictment which in two counts charged the manufacture of whisky and possessing a still, and from the judgment he appeals.
There was no evidence to connect the defendant either with the manufacture of whisky or the possession of a still, other than his mere presence at a still located on lands not in his possession. It has many times been held by this court that this is not sufficient evidence to sustain a conviction. The defendant was entitled to the general affirmative charge. Moon v. State (Ala.App.)
The judgment is reversed, and the cause is remanded.
Reversed and remanded.