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BICE v. STATE

Court of Appeals of Alabama
Feb 16, 1932
139 So. 910 (Ala. Crim. App. 1932)

Opinion

7 Div. 907.

February 16, 1932.

Appeal from Circuit Court, Cherokee County; A. E. Hawkins, Judge.

Hugh Reed, of Center, for appellant.

Thos. E. Knight, Jr., Atty. Gen., for the State.


The appellant was indicted, tried, and convicted of the offense of distilling, making, or manufacturing alcoholic, spirituous, malted, or mixed liquors or beverages, a part of which was alcohol. Also for the unlawful possession, etc., of a still to be used for that purpose.

The evidence was in conflict, but it clearly appears it was ample to uphold the verdict of the jury, and to sustain the judgment of conviction pronounced and entered.

The trial appears to have proceeded throughout without objection or exception, save as to the action of the court in overruling the motion for a new trial. On the hearing of said motion the defendant insisted, in the first six grounds thereof, that the evidence was insufficient and that the verdict was contrary to the evidence. There is no merit in these insistences as hereinabove stated. The seventh ground of the motion is not sustained by the record, as it nowhere appears therein that the affirmative charge for defendant was requested. No such charge is incorporated in the record; but, if there had been, it could not have availed the defendant, as the evidence was in sharp conflict and presented a jury question. The record is regular.

Affirmed.


Summaries of

BICE v. STATE

Court of Appeals of Alabama
Feb 16, 1932
139 So. 910 (Ala. Crim. App. 1932)
Case details for

BICE v. STATE

Case Details

Full title:John BICE v. STATE

Court:Court of Appeals of Alabama

Date published: Feb 16, 1932

Citations

139 So. 910 (Ala. Crim. App. 1932)
25 Ala. App. 603