Opinion
8 Div. 935.
June 24, 1930.
Appeal from Circuit Court, Franklin County; J. Fred Johnson, Jr., Judge.
Belton Bolton was convicted of distilling, and he appeals.
Reversed and remanded.
Almon Almon, of Decatur, for appellant.
It is not a violation of law for one to be present at a still when whisky is being made. Burnett v. State, 21 Ala. App. 274, 107 So. 321; Guin v. State, 19 Ala. App. 67, 94 So. 788; Knight v. State, 19 Ala. App. 296, 97 So. 163; Dickey v. State, 22 Ala. App. 375, 115 So. 848; Lyles v. State, ante, p. 81, 121 So. 7; Martin v. State, 21 Ala. App. 230, 106 So. 873, Hanson v. State, 19 Ala. App. 249, 96 So. 655; Seigler v. State, 19 Ala. App. 135, 95 So. 563.
Charlie C. McCall, Atty. Gen., for the State.
Brief did not reach the Reporter.
We are unable to find even a scintilla of evidence, in the record before us, that this appellant did anything more than be present at a still where whisky was being made unlawfully. Under the statutes, as construed by the uniform decisions of this court, merely being present at a still where whisky is being illegally manufactured is no offense. Dickey v. State, 22 Ala. App. 375, 115 So. 848; Burnett v. State, 21 Ala. App. 274, 107 So. 321, and cases cited in the opinion in same.
For the error in refusing to give at appellant's request, the general affirmative charge in his favor, the judgment of conviction is reversed, and the cause remanded.
Reversed and remanded.