Davis v. State, 6 Div. 916.
| Decision Date | 17 February 1931 |
| Docket Number | 6 Div. 916. |
| Citation | 132 So. 458,24 Ala.App. 190 |
| Parties | DAVIS v. STATE. |
| Court | Alabama Court of Appeals |
Appeal from Circuit Court, Winston County; Ernest Lacy, Judge.
Leroy Davis was convicted of unlawfully possessing a still, and he appeals.
Affirmed.
H. D Jones, of Russellville, for appellant.
Charlie C. McCall, Atty. Gen., for the State.
Defendant moved for a continuance of the case on the ground that the panel of jurors from which a jury was to be selected to try defendant had "either sat on the trial of a companion case or heard the evidence therein." The companion case referred to was the case of a party jointly indicted with defendant and on the same charge.
That a number of the panel had sat on the companion case and rendered a verdict therein was ground for challenge, but that the jurors in attendance upon the court had heard the testimony in the other case is no cause for challenge. Cline v. State, 20 Ala. App. 579, 104 So. 347; Sandlin v. State, 19 Ala. App. 583, 99 So. 784.
This court has many times held that a defendant must be in possession of a complete still, suitable to be used in the manufacture of whisky before a conviction is authorized. We have also as many times held that the possession of a part or parts of a still suitable to be used in the manufacture of whisky when unexplained is evidence of the possession of the complete outfit. It seems to us that the statute itself is as plain as it can be made. Code 1923, § 4657.
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Mann v. State
...19 Ala.App. 583, 99 So. 784; Cline v. State, 20 Ala.App. 578, 104 So. 347; Sharp v. State, 23 Ala.App. 457, 126 So. 895; Davis v. State, 24 Ala.App. 190, 132 So. 458; McCleskey v. State, 28 Ala.App. 97, 179 So. The remaining refused written charges requested by appellant were general affirm......
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Crowden v. State
...facts. Smith v. State, 55 Ala. 1; Wickard v. State, 109 Ala. 45, 19 So. 491; Cline v. State, 20 Ala.App. 578, 104 So. 347; Davis v. State, 24 Ala.App. 190, 132 So. 458; Chiles v. State, 28 Ala.App. 156, 181 So. 128. It has been held error to allow jurors who had served on the trial of a per......
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Gaskin v. State, 1 Div. 964
...19 Ala.App. 583, 99 So. 784; Cline v. State, 20 Ala.App. 578, 104 So. 347; Sharp v. State, 23 Ala.App. 457, 126 So. 895; Davis v. State, 24 Ala.App. 190, 132 So. 458; McCleskey v. State, 28 Ala.App. 97, 179 So. In our opinion, there was no abuse of discretion in the case at hand. The venire......
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Traffenstedt v. State, 7 Div. 970.
... ... Ala.App. 409, 117 So. 156; Nugent v. State, 28 ... Ala.App. 182, 181 So. 707; Davis v. State, 24 ... Ala.App. 190, 132 So. 458 ... All ... that was said and done by the ... ...