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14 Ala. App. 11

Mixon v. State

Alabama Court of Appeals

Decided February 8, 1916

Alabama Court of Appeals · decided 1916-02-08

<p>Violating Prohibition Law.</p> <p>Intoxicating Liquors; Offense; Attempt to Manufacture. — The evidence in this case examined and held to show only an attempt to manufacture prohibited liquors which is not an offense under Acts 1915, p. 3.</p>

Cited by 7 later decisions — most recently April 1924

7 state decisions

Good law ✅— No negative treatment on recordhow we know

Reversed and remanded · Decided 1916-02-08

View the full empirical analysis of this case →

BROWN, J.

¶1The defendant was tried under a complaint charging that he “manufactured, sold, kept for sale, gave away, or otherwise disposed of spirituous, vinous, or malt liquors without a license and contrary to law.” There is no evidence in the case showing or tending to show, that he sold, kept for sale, or otherwise disposed of prohibited liquors; but the evidence shows without dispute that the defendant had constructed a crude still out of a lard can and a water pipe, and had placed therein beer made from cane syrup and water, and was attempting to make whisky, but that, in fact, he had not manufactured a single drop. The appellant admits that he had made an attempt to manufacture prohibited liquors; but this is not an offense under our statutes. — Acts 1915, pp. 3, 8.

¶2The evidence in the case was not sufficient to authorize a conviction.

¶3Reversed and remanded.

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