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25 Ala. App. 639

149 So 925

Herbert v. State

Alabama Court of Appeals

Decided June 30, 1933

Alabama Court of Appeals · decided 1933-06-30

Cited by 1 later decisions — most recently November 1943

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1933-06-30

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BRICKEN, Presiding Judge.

¶1 Count 1 of the indictment, upon which the conviction of this appellant.was had, charged ' him' with distilling, making, or manufacturing alcoholic, spirituous, malted, or mixed liquors or beverages, a part of which was alcohol, etc.

¶2 The corpus delicti wás proven without dispute or conflict, and the evidence-as, .to., the guilt of this appellant, defendant below, was in conflict, and therefore presented a jury question rendering inapt the general affirmative charge requested by the deféndánt. This charge was properly refused. ‘

¶3 The several exceptions reserved to the court’s rulings upon the .admission of evidence are so clearly without merit they need' ñó’ discussion. 1 '■• ’ 1 '

¶4 The record proper appeal's regular and also without error.

¶5 The judgment of conyiction. from which this appeal was taken' will stand affirmed'.

¶6 Affirmed.

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