Opinion
6 Div. 897.
January 18, 1927. Rehearing Denied March 8, 1927.
Appeal from Circuit Court, Cullman County; James E. Horton, Judge.
Gus Tanner was convicted of violating the prohibition law, and he appeals. Affirmed.
J. N. Powell, of Hartselle, for appellant.
Brief of counsel did not reach the Reporter.
Harwell G. Davis, Atty. Gen., and Chas. H. Brown, Asst. Atty. Gen., for the State.
The motion for new trial or exception thereto is not included in the bill of exceptions, and is not reviewable. Ex parte Thomas, 207 Ala. 662, 93 So. 521. The evidence presented a question for the jury, and the affirmative charge was properly refused. Cleckler v. State, ante, p. 17, 112 So. 185.
Appellant was convicted of the offense of being in possession of a still, etc., to be used for the purpose of manufacturing prohibited liquors.
The evidence made a case proper to be submitted to a jury. Robert Cleckler v. State, ante, p. 17, 112 So. 185.
No exception to the ruling on the defendant's motion for a new trial is shown by the bill of exceptions, and the same will not be considered. Ex parte Thomas, 207 Ala. 662, 93 So. 521.
The exceptions reserved on the taking of testimony have each been examined, and in none of the rulings complained of do we find error. Only the simplest of legal principles were involved, and we deem it unnecessary to discuss the rulings seriatim.
There is no error in the record, and the judgment is affirmed.
Affirmed.