Slaton v. State

• Court: Alabama Court of Appeals
• Writing for the Court: SAMFORD, J.
• Citation: Slaton v. State, 21 Ala.App. 422, 109 So. 118 (Ala. App. 1926)
• Decision Date: 18 May 1926
• Docket Number: 7 Div. 127
• Parties: SLATON v. STATE.

109 So. 118

21 Ala.App. 422

SLATON v. STATE.

7 Div. 127

Court of Appeals of Alabama

May 18, 1926

Application for Rehearing Dismissed June 8, 1926

Appeal from Circuit Court, De Kalb County; W.W. Haralson, Judge.

Virgil Slaton was convicted of manufacturing prohibited liquors and possessing a still, and he appeals. Affirmed.

Isbell & Scott, of Ft. Payne, for appellant.

Harwell G. Davis, Atty. Gen., and Thos. E. Knight, Jr., Asst. Atty Gen., for the State.

SAMFORD J.

It having been testified to by state's witnesses that a still set up and beer was found in defendant's pasture within 200 yards of defendant's house and within 20 yards of his cornfield, and that the still could be seen from the end of the corn rows, and that a well-beaten trail led from the still to defendant's house, it was competent to prove everything found on defendant's premises and in proximity to the still, relating to the still, which evidence included two one-gallon jugs of whisky filled with corn whisky and found in defendant's garden.

Sikes v. State (Ala.App.) 107 So. 800; Jones v State, 18 Ala.App. 626, 93 So. 332.

The defendant, when being examined as a witness, testified that the still was owned by a man named Poe, who was then dead. It was proper to allow the state to prove that at the time the defendant was arrested he made the statement that Poe had nothing to do with the still. This tended to impeach the witness on a material point.

We have examined the entire record. The defendant has had a fair...