Opinion
7 Div. 271.
April 12, 1927. Rehearing Denied May 10, 1927.
Appeal from Circuit Court, Cleburne County; R. B. Carr, Judge.
Tom Bentley was convicted of manufacturing prohibited liquor, and he appeals. Affirmed.
The following charges were refused to defendant:
"4. If there is probability of the defendant's innocence, the jury should acquit him."
"19. Gentlemen, before you can convict the defendant, you must believe in his guilt to the exclusion of every probability of his innocence."
Hugh Walker, of Anniston, for appellant.
Charges 4 and 19 were good, and should have been given. Fleming v. State, 150 Ala. 19, 43 So. 219; Gainey v. State, 141 Ala. 72, 37 So. 355.
Charlie C. McCall, Atty. Gen., for the State.
Brief of counsel did not reach the Reporter.
The two charges refused by the court and insisted upon as error have been condemned by the Supreme Court in Edwards v. State, 205 Ala. 160, 87 So. 179.
There was no request for the general charge or motion for a new trial. We cannot therefore pass upon the insistence, made in appellant's brief, that the defendant was entitled to his discharge on account of the insufficiency of the evidence.
We find no error in the record, and the judgment is affirmed.
Affirmed.