Garner v. State

Alabama Court of Appeals

Decided January 14, 1930

Alabama Court of Appeals · decided 1930-01-14

Relies on 19 Ala. App. 642 - Pate v. State · 18 Ala. App. 494 - Lindsey v. State · Bank of Luverne v. Reddoch

Good law ✅— No negative treatment on recordhow we know

Decided 1930-01-14

How this case has been cited

Cited by 4 later decisions — most recently August 1974

4 state decisions

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.

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SAMEORD, J.

¶1 In his oral charge the court instructed the jury: “Gentlemen of the jury, the law says if he had in his possession any part of a still that was to be used for the purpose of manufacturing prohibited liquor, why the effect would be the same as if he had the whole still in his possession.”

¶2 This charge is not in accord with the uniform holding of this court. Pate v. State, 19 Ala. App. 642, 99 So. 833; Berry v. State, 20 Ala. App. 102, 100 So. 922; Lindsey v. State, 18 Ala. App. 494, 93 So. 331.

¶3 Section 4657 of the Code of 1923 does not create a crime, but is a rule of evidence. The crime is fixed by the preceding section.

¶4 *368 For obvious reasons, we do not discuss the. evidence.

¶5 The judgment is reversed, and the cause is remanded.

¶6 •Reversed and remanded.