Barnes v. State

• Decision Date: 10 January 1922
• Docket Number: 5 Div. 382.
• Citation: 92 So. 15,18 Ala.App. 344
• Parties: BARNES v. STATE.
• Court: Alabama Court of Appeals

92 So. 15

18 Ala.App. 344

BARNES v. STATE.

5 Div. 382.

Court of Appeals of Alabama

January 10, 1922

Appeal from Circuit Court, Lee County; Lum Duke, Judge.

Cleve Barnes was convicted of violating the Prohibition Law, and he appeals. Affirmed.

N. D. Denson & Sons, of Opelika, for appellant.

Harwell G. Davis., Atty. Gen., for the State.

SAMFORD, J.

The motion to strike defendant's plea was properly granted. Powell v. State (Ala. App.) 90 So. 138.

Defendant's demurrers to the indictment were properly overruled. Taylor v. State, 17 Ala. App. 579, 88 So. 205.

There was evidence tending to prove the state's case and therefore the general charge as requested by the defendant was properly refused.

The carrying of wood to the still for the purpose of making whisky, was aiding or abetting, and hence charge 7 was properly refused.

We find no error in the record, and the judgment is affirmed.

Affirmed.