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22 Ala. App. 500

117 So 487

McGee v. State

Alabama Court of Appeals

Decided June 12, 1928

Alabama Court of Appeals · decided 1928-06-12

Good law ✅— No negative treatment on recordhow we know

Decided 1928-06-12

How this case has been cited

Cited by 7 later decisions — most recently January 2003

7 state decisions

20192819301940195019601970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

RICE, J.

¶1 [1] This court does not favor reversals of the judgments of the»nisi prius courts on technical rulings which work no, injury to the appellants.- However, orderly procedure and regulated methods, in the indictment, trial, and conviction or acquittal of those charged with crime, must-be preserved —otherwise, we would drift into chaos, thence on into- anarchy.

¶2 In this case the appellant was regularly charged by indictment only with the offense of having in his possession a still, etc., to be used for the purpose of manufacturing alcoholic, spirituous, or malted liquors, etc., contrary to law, etc. He was duly put upon trial and convicted by the jury, their Verdict being that he “was guilty as charged in the indictment.” Whereupon he was adjudged by the court to be “guilty of manufacturing liquor as charged in the indictment.” , Prom this judgment he appeals to- this court.

¶3 Manifestly and obviously,' the judgment of conviction is' not based upon or supported by the verdict of guilt returned, and of consequence the same must be reversed and the cause remanded for another trial.

¶4 Reversed and remanded.

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