149 So. 354 | Ala. Ct. App. | 1933
There is no evidence in this record that this defendant actually engaged in the manufacture of whisky. The state's case rests in inferences to be drawn by the jury from facts from which it might be inferred that defendant aided and abetted others in the commission of the crime. In other words, the case made by the state is purely circumstantial. Where this is the case, the question of guilt rests with the jury, and the giving of the general affirmative charge requested by the state is error.
Under our Code 1923, § 3196, the distinction of accessory before the fact and a principal has been abolished, and therefore, under our law, one who aids and abets in the commission of a felony is equally guilty as *493
a principal. Alexander v. State,
The evidence for the defendant in this case tends to prove that he was not an accessory before the fact, and that he did not aid or abet the crime. The court erred in giving at the request of the state the general affirmative charge, and the judgment is reversed and the cause is remanded.
Reversed and remanded.