Opinion
4 Div. 713.
June 14, 1921.
Appeal from Circuit Court, Pike County; A.B. Foster, Judge.
George Nichols was convicted of manufacturing prohibited liquors, and he appealed. Affirmed.
The indictment charges in the first count that George did distill, make, or manufacture alcoholic, spirituous, malted, or mixed liquors, etc. The second count charges that George Nichols did manufacture, sell or give away or have in possession a still, apparatus, appliance, device, or substitute therefor, to be used for the purpose of manufacturing liquors beverages, etc. The demurrer raised the proposition that two separate and distinct felonies were charged in the same indictment. The defendant also objected to the testimony of certain witnesses that they found some bottles around the place, and that some smelled like they had had run in them, and that some of them had been washed. It also appeared that Mary Nichols, the defendant's mother, was in possession of the premises where the still was alleged to have been located.
D.A. Baker, of Troy, for appellant.
The demurrers should have been sustained. Sections 7151, Code. 1907; Acts 1919, p. 12; 107 Ala. 76, 18 So. 207. Counsel discuss the objection to evidence, but without citation of authority.
Harwell G. Davis, Atty. Gen., for the State.
Brief of counsel did not reach the Reporter.
The ruling of the court upon the demurrers to the indictment was so obviously free from error that they question needs no discussion. Code 1907, § 7151, and cases cited in footnotes.
The court's ruling upon the evidence is free from error.
The evidence adduced upon the trial of this cause was in conflict, and there was ample evidence, if believed by the jury, upon which to predicate a verdict of guilt.
The affirmative charge was properly refused.
No error appearing, the judgement of the lower court is affirmed.
Affirmed.