Biddle v. State
| Decision Date | 05 February 1924 |
| Docket Number | 7 Div. 911. |
| Citation | 99 So. 59,19 Ala.App. 563 |
| Parties | BIDDLE v. STATE. |
| Court | Alabama Court of Appeals |
Appeal from Circuit Court, De Kalb County; W. W. Haralson, Judge.
Adolphus Biddle was convicted of distilling, and appeals. Reversed and remanded.
Isbell & Scott, of Fort Payne, for appellant.
Harwell G. Davis, Atty. Gen., for the State.
It is not a violation of the law for a man to be present at a still when whisky is being made. This was all the testimony for the state tended to show. If a defendant is present at a still located on his own premises or premises under his control, a different question would be presented. The affirmative charge should have been given for the defendant as requested. Moon v. State (Ala. App.) 95 So. 830; Farmer v. State (Ala. App.) 99 So. 59.
The judgment is reversed, and the cause is remanded.
Reversed and remanded.
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Ashley v. State
... ... 425, 86 So. 862; Brazeale v. State, 133 Miss ... 171, 97 So. 525; Harness v. State, 130 Miss. 673, 97 ... So. 65; Anderson v. State, 132 Miss. 147, 96 So ... 163; Washington v. State (Ala.), 107 So. 34; ... Moody v. State (Ala.), 104 So. 142; Stanley v ... State (Ala.), 102 So. 245; Biddle v. State ... (Ala.), 99 So. 59; Harbin v. State (Ala.), 99 ... So. 740; Burnett v. State (Ala.), 107 So. 321; ... Farmer v. State (Ala.), 99 So. 59; Guin v. State ... (Ala.), 94 So. 788; Hanson v. State (Ala.), 96 ... So. 655; Knight v. State (Ala.), 97 So. 163 ... I ... submit ... ...
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Arrington v. State
... ... defendant was gone, and was never seen again at or near the ... still. The above evidence would not be sufficient within ... itself to sustain a conviction, and, if this were all, the ... defendant would be entitled to the general charge. Biddle ... v. State, 19 Ala. App. 563, 99 So. 59 ... The ... state, however, introduced two witnesses, Edgar Frazier and ... Henry Thorn, who were found at the still on Friday morning ... when the still was destroyed. These parties were arrested, ... and stand indicted charged with the ... ...
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Williamson v. State
... ... 5 refused to the defendant states a correct proposition of ... law. The mere presence of the defendant at a still without ... evidence tending to connect him with its operation, control, ... or ownership is not sufficient upon which to predicate a ... verdict of guilt. Biddle v. State, 19 Ala.App. 563, ... 99 So. 59; Hanson v. State, 19 Ala.App. 249, 96 So ... 655; Guin v. State, 19 Ala.App. 67, 94 So. 788 ... In the ... instant case there was a conflict in the evidence, the state ... witness testifying to acts of the defendant tending to show ... that ... ...
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Dixon v. State, 8 Div. 934
...overcome the presumption of innocence with attends a defendant charged with, and who is on trial for, a criminal offense. Biddle v. State, 19 Ala.App. 563, 99 So. 59; Biddle v. State, 20 Ala.App. 49, 100 So. 572. This general statement, while still adhered to, cannot be so extended as to in......