Opinion
7 Div. 911.
February 5, 1924.
Appeal from Circuit Court, De Kalb Country; W.W. Haralson, Judge.
Adolphus Biddle was convicted of distilling, and appeals. Reversed and, remanded.
Isbell Scott, of Fort Payne, for appellant.
The evidence was not sufficient to justify a conviction. Moon v. State, ante, p. 176, 95 So. 830; Lee v. State, 18 Ala. App. 566, 93 So. 59.
Harwell G. Davis, Atty. Gen., for the State.
No brief reached the Reporter.
It is not a violation of the law for a man to be present at a still when whisky is being made. This was all the testimony for the state tended to show. If a defendant is present at a still located on his own premises or premises under his control, a different question would be presented. The affirmative charge should have been given of the defendant as requested. Moon v. State, ante, p. 176, 95 So. 830; Farmer v. State, ante, p. 560, 99 So. 59.
The judgment is reversed, and the cause is remanded.
Reversed and remanded.