18 Ala. App. 143
90 So 42
Decided May 10, 1921
Alabama Court of Appeals · decided 1921-05-10
W. Harralson, Judge. Nesbit Adams was convicted of distilling, and he appealed. The evidence tended to show that Adams was at home, in bed, when the officers visited his house; that some whisky was found buried in the garden, and some had been poured out; that a still was found in a ditch near by, -close to the line between Adams’ place and Woodham’s place.
Reversed and remanded · Decided 1921-05-10
¶1 We have carefully examined the evidence in this case, and are of the opinion that the evidence for the state is not sufficient upon which to base a conviction, and that the affirmative charge as requested by the defendant should have been given. Mitchell v. State, ante, p. 119, 89 South. 98.
¶2 For this error the judgment is reversed, and the cause is remanded.
¶3 Reversed and remanded.