Sandlin v. State

Decision Date15 January 1924
Docket Number6 Div. 190.
Citation19 Ala.App. 583,99 So. 784
PartiesSANDLIN v. STATE.
CourtAlabama Court of Appeals

Rehearing Denied Feb. 19, 1924.

Appeal from Circuit Court, Tuscaloosa County; Henry B. Foster, Judge.

Harvey Sandlin was convicted of violating the prohibition law, under an indictment charging the manufacture of liquors and possession of a still, and he appeals. Affirmed.

F. F. Windham, of Tuscaloosa, for appellant.

Harwell G. Davis, Atty. Gen., for the State.

SAMFORD, J.

The defendant objected to being put upon trial because the evidence in his case would be the same as that in a case just tried in the same court on which the jury was then deliberating, and because the jurors to try his case had heard the testimony in the former case. There was no merit in this objection. Moreover, no exception was reserved to the action of the court in overruling the objection.

The statement made by the defendant at the time of the arrest was in the nature of a confession and, the proper predicate being proven, was admissible in evidence.

Immediately after defendant was arrested at the still the officer went with defendant to defendant's house and there saw four 100 pound sacks of sugar, 3 barrels of cornmeal. This being ingredients used in the manufacture of whisky, and being of unusual quantities for domestic use, was relevant and admissible.

Charge A was properly refused. The charge includes the possession of a still as well as manufacturing, and the defendant could be guilty of possessing a still without being guilty of the other charge.

Charges 9, 10 and 11 have been held to be bad so often as not to require authorities. Charge 12 omits a consideration of the charge of possessing a still. Charge 18 assumes the bias of the officer who testified in the case. For this reason, if no other, the charge is bad. Charge 19 pretermits a consideration of the whole evidence. Charge 20 was abstract.

There is no error in the record, and the judgment is affirmed.

Affirmed.

FOSTER, J., not sitting.

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17 cases
  • Chernock v. State
    • United States
    • Maryland Court of Appeals
    • November 6, 1953
    ...the authorities seem to be otherwise. King v. Dale, 1 Scam. 513, 2 Ill. 513; State v. Philpot, 97 Iowa 365, 66 N.W. 730; Sandlin v. State, 19 Ala.App. 583, 99 So. 784; Ford v. State, 164 Ga. 638, 139 S.E. 355; Noe v. State, 4 How. 330, 5 Miss. 330; Quinlan v. State, 13 Ga.App. 669, 79 S.E. ......
  • Poffenbarger v. Merit Energy Co.
    • United States
    • Alabama Supreme Court
    • May 11, 2007
    ... ... Sutherland, A Treatise on the Law of Damages §§ 1017-18 (3d ed.1904). Sections 1017 and 1018 of that treatise state, in part, as follows: ...         "§ 1017 ... Wherever, by one act, a permanent injury is done the damages are assessed once for all, ... ...
  • Mann v. State
    • United States
    • Alabama Court of Appeals
    • April 8, 1947
    ... ... court room and heard the testimony in cases similar to the ... case against this appellant. Such situation is not a ground ... for challenge, and the ruling of the trial judge, in the ... absence of gross abuse, which is not here evident, will not ... be disturbed. Sandlin 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. 394 ... The ... remaining refused written ... ...
  • Gaskin v. State, 1 Div. 964
    • United States
    • Alabama Court of Appeals
    • February 25, 1964
    ...and the ruling of the trial judge, in the absence of gross abuse, which is not here evident, will not be disturbed. Sandlin 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......
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