Moody v. State

• Decision Date: 30 June 1925
• Docket Number: 8 Div. 329
• Citation: 21 Ala.App. 30,104 So. 875
• Parties: MOODY v. STATE.
• Court: Alabama Court of Appeals

104 So. 875

21 Ala.App. 30

MOODY v. STATE.

8 Div. 329

Court of Appeals of Alabama

June 30, 1925

Appeal from Circuit Court, Lauderdale County; Charles P. Almon, Judge.

Houston Moody was convicted of violating the prohibition law, and he appeals. Affirmed.

Bradshaw & Barnett, of Florence, for appellant.

Harwell G. Davis, Atty. Gen., and Lamar Field, Asst. Atty. Gen., for the State.

RICE, J.

The defendant was convicted of the offense of distilling, etc., and appeals.

It would serve no good purpose to discuss the evidence. We have carefully examined same, and are of the opinion that it was sufficient to support the verdict returned. There was therefore no error in refusing to give, at defendant's request, the general affirmative charge in his favor, as to the indictment as a whole, or either count thereof.

Written charge 2, requested by defendant, was properly refused. Arnold v. State, 18 Ala.App. 453, 93 So. 83.

Written charge 3, requested by defendant, is incomplete and meaningless, and its refusal was proper.

Defendant's written charge 4 was properly refused, for the reason that the guilt of another did not exclude the possibility of the defendant himself being also guilty. Ex parte Hill, 211 Ala. 311, 100 So. 315.

The other exceptions reserved by defendant have each been examined, and in each instance we find same without merit.

There being no prejudicial error in the record, the judgment is affirmed.