Horn v. State

• Decision Date: 29 June 1929
• Docket Number: 7 Div. 542.
• Citation: Horn v. State, 23 Ala.App. 273, 124 So. 125 (Ala. App. 1929)
• Parties: HORN v. STATE.
• Court: Alabama Court of Appeals

124 So. 125

23 Ala.App. 273

HORN v. STATE.

7 Div. 542.

Court of Appeals of Alabama

June 29, 1929

Rehearing Denied Oct. 8, 1929.

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

Chambers Horn was convicted of unlawfully possessing a still, and he appeals.Affirmed.

Pruet &amp Glass, of Ashland, for appellant.

Charlie C. McCall, Atty. Gen., for the State.

BRICKEN P.J.

The verdict of the jury was guilty as charged in the second count of the indictment.The second count charged, in proper form and substance, the unlawful possession of a still, etc., to be used for the purpose of manufacturing or distilling prohibited liquors or beverages.The evidence was ample to prove the corpus delicti, and this was without dispute or conflict.There was likewise no dispute about this appellant being present at the still at the time of the "raid" by the officers, and the evidence of the state tended to show that this appellant was busily engaged in the operation of the still.This he denied, and offered other evidence to sustain him in his insistence.This conflict presented a jury question, and from the whole evidence the jury were fully warranted in returning their verdict as rendered.

The conversation between the officers and the men arrested at the still, at the time the raid was in progress and the arrests being made, were of the res gestæ, and therefore...