Pulliam v. State

• Court: Alabama Court of Appeals
• Writing for the Court: SAMFORD, J.
• Citation: Pulliam v. State, 135 So. 410, 24 Ala.App. 355 (Ala. App. 1931)
• Decision Date: 16 June 1931
• Docket Number: 6 Div. 23.
• Parties: PULLIAM ET AL. v. STATE.

135 So. 410

24 Ala.App. 355

PULLIAM ET AL. v. STATE.

6 Div. 23.

Court of Appeals of Alabama

June 16, 1931

Appeal from Circuit Court, Winston County; R. L. Blanton, Judge.

George Pulliam, Jr., and another, were convicted of unlawfully possessing a still, and they appeal.

Affirmed.

Davis &amp Curtis, of Jasper, for appellants.

Thos E. Knight, Jr., Atty. Gen., and Thos. S. Lawson, Asst. Atty Gen., for the State.

SAMFORD J.

These two defendants and another, who was unrecognized and unidentified, were seen at a whisky still which was being set up preparatory to the manufacture of whisky. The still was located in a wood near a branch and about one-half mile from where defendants lived. These two defendants were identified by one eyewitness as two of the parties at the still, and this testimony was corroborated by circumstances tending to connect the defendants. The acts of the defendants in and about the still testified to by the state's witnesses coupled with a precipitate flight on discovery, were sufficient facts upon which to base a verdict of guilt.

It appears from the evidence that no whisky had been manufactured at this still, but preparation was in progress for a "run." It was also shown that "backings" is the "last run of whisky that they use in making the next run." Over the objection and exception of defendants, the state was allowed to prove that some of these "backings" were...