Brasher v. State

• Decision Date: 23 March 1926
• Docket Number: 7 Div. 145
• Citation: Brasher v. State, 21 Ala.App. 309, 107 So. 727 (Ala. App. 1926)
• Parties: BRASHER v. STATE.
• Court: Alabama Court of Appeals

107 So. 727

21 Ala.App. 309

BRASHER v. STATE.

7 Div. 145

Court of Appeals of Alabama

March 23, 1926

Appeal from Circuit Court, Shelby County; E.S. Lyman, Judge.

Charlie Brasher was convicted of violating the prohibition laws, and he appeals. Reversed and remanded.

Leeper Wallace & Saxon, of Columbiana, for appellant.

Harwell G. Davis, Atty. Gen., and Thos. E Knight, Jr., Asst. Atty. Gen., for the State.

RICE J.

Appellant was charged in separate counts in an indictment with, first distilling, etc., prohibited liquors; and, second, having possession, etc., of a still, etc., to be used in the manufacture of prohibited liquors.

There was a general verdict of guilty as charged in the indictment. No evidence being contained in the record to support the first count of the indictment, it was error to refuse the general affirmative charge in his favor as to said count duly requested by appellant. Winchester v. State, 102 So. 595, 20 Ala.App. 431.

The opinion in the case of Carr v. State, 85 So. 852, 17 Ala.App. 539, is a direct authority for our holding, and we do hold, that the admission in evidence of the testimony of the witness Buckner as to the statements in the nature of admissions of guilt made by the defendant at or about the time of his arrest was error. As stated in the Carr Case supra, a proper predicate for the admission of this testimony...