Opinion
6 Div. 159.
June 7, 1932. Rehearing Denied June 30, 1932.
Appeal from Circuit Court, Walker County; R. L. Blanton, Judge.
Ellis Pelfrey was convicted of unlawfully possessing a still, and he appeals.
Affirmed.
Certiorari denied by Supreme Court in Pelfrey v. State (6 Div. 207) 225 Ala. 591, 144 So. 461.
J. L. Stephenson, of Parrish, for appellant.
To constitute possessing a still, there must be a sufficient amount of the parts that, when assembled, will be suitable to make whisky. Gamble v. State, 19 Ala. App. 82, 95 So. 202; Atchley v. State, 22 Ala. App. 125, 113 So. 625; Mimms v. State, 22 Ala. App. 254, 114 So. 425.
Thos. E. Knight. Jr., Atty. Gen., for the State.
Brief did not reach the Reporter.
The state introduced evidence tending to prove that the defendant, at the time and place named and in Walker county, was in possession of a copper pot, suitable to be used in the manufacture of prohibited liquor, and that it was a part of a whisky still. This made the question of defendant's guilt one for the jury. The court so charged the jury and in this we find no error. Maisel v. State, 17 Ala. App. 12, 81 So. 348; Lindsey v. State, 18 Ala. App. 494, 93 So. 331; Gamble v. State, 19 Ala. App. 82, 95 So. 202.
Other exceptions taken are without merit.
We find no error in the record, and the judgment is affirmed.
Affirmed.