Adams v. State
Decision Date | 12 June 1928 |
Docket Number | 7 Div. 442 |
Citation | 22 Ala.App. 566,118 So. 325 |
Parties | ADAMS v. STATE. |
Court | Alabama Court of Appeals |
Rehearing Denied June 30, 1928
Appeal from Circuit Court, Cleburne County; R.B. Carr, Judge.
Clarence Adams was convicted of manufacturing whisky and unlawfully possessing a still, and he appeals. Affirmed.
Certiorari denied by Supreme Court in Adams v. State, 118 So 326.
Merrill & Field, of Anniston, for appellant.
Charlie C. McCall, Atty. Gen., for the State.
The defendant and two others were found at a still in Cleburne county during the month of November, 1925. The state's witnesses testifying to the raid qualified as experts both as to knowledge of stills and as to beer from which whisky is made. From the evidence in this case there can be no doubt of two things: (1) The still was complete, and was suitable for manufacturing whisky; (2) the beer found in the still contained alcohol. The only question in serious dispute is as to whether defendant was present at the still and participating in its operation. Under the evidence we hold that this was a jury question.
After a witness has qualified as to his knowledge of stills, and shown a familiarity with them, he can testify that a thing is a still, just as he would be permitted to say: "It was a wash pot or an axe or a fence." And, having qualified as to his knowledge of beer, he can testify that certain beer was fermented; that it was ready "to run"; that it contained alcohol.
The defendant, in company with his companions at the still, was seen about an hour before the still was raided, and about one mile away, going in the direction of where the still was found. One of the parties had a jug and cap, and this defendant had a "worm" on his shoulder. Shortly afterwards the parties were found...
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