Jackson v. State
| Decision Date | 13 March 1928 |
| Docket Number | 8 Div. 646 |
| Citation | 22 Ala.App. 409,117 So. 156 |
| Parties | JACKSON v. STATE. |
| Court | Alabama Court of Appeals |
Rehearing Denied March 27, 1928
Appeal from Circuit Court, Colbert County; Charles P. Almon, Judge.
John Jackson, Sr., was convicted of unlawfully possessing a still and he appeals. Affirmed.
Certiorari denied by Supreme Court in Jackson v. State, 117 So 157.
Stell & Quillin, of Russellville, for appellant.
Charlie C. McCall, Atty. Gen., for the State.
The defendant and another were found out in the woods exercising acts of dominion and control over a still pot set in a furnace, with beer in it ready for cooking, and other attachments for a whisky still, all of which were suitable to be used in the manufacture of prohibited liquors, and all in Colbert county. It is the law, and was so charged by the court, that, in order to sustain a conviction, the evidence must convince the jury beyond a reasonable doubt that the defendant was in possession of a complete still. Not that such still was assembled and ready for use, but that all the parts were in defendant's possession, and suitable to be used in the manufacture of whisky, whenever it suited the defendant to assemble and use them for that purpose. The facts in this case, when taken in connection with section 4657 of the Code of 1923, present a case for the jury.
The court properly charged the jury...
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Traffenstedt v. State, 7 Div. 970.
... ... cut or broke some wood ... It is ... clear that, by applying the provisions of Sec. 132, Title 29, ... Code 1940, the accused was not due the affirmative charge as ... to count two of the indictment. Lowrey v. State, 26 ... Ala.App. 159, 155 So. 313; Jackson v. State, 22 ... 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 parties present while the raid ... was in progress and the arrests were being made constituted a ... ...
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McNeel v. State, 7 Div. 860.
... ... rations. The statements of the defendants James and Robert ... Brown were shown to have been voluntary ... This ... court has consistently held that, to support a conviction for ... the possession of a still, the evidence must show a complete ... still. Jackson v. State, 22 Ala. App. 409, 117 So ... 156. However, we have just as consistently held that the ... possession of any part of a still commonly or generally used ... for or that is suitable to be used in the manufacture of ... prohibited liquors, is prima facie evidence of a possession ... of ... ...