Tatum v. State
| Decision Date | 13 January 1925 |
| Docket Number | 3 Div. 478 |
| Citation | 20 Ala.App. 436,102 So. 726 |
| Parties | TATUM v. STATE. |
| Court | Alabama Court of Appeals |
Appeal from Circuit Court, Autauga County; George F. Smoot, Judge.
Hogan Tatum was convicted of possessing a still, and he appeals. Affirmed.
Gipson & Booth, of Prattville, for appellant.
Harwell G. Davis, Atty. Gen., and Lamar Field, Asst. Atty. Gen., for the State.
The appellant was convicted of the possession of a still to be used for manufacturing prohibited liquors.
A complete still of the kind commonly used for making whisky was found in 200 or 300 yards of the defendant's house. The same still had been seen several nights previously a distance of 2 miles or more from this place. There was evidence from which the jury might infer that the defendant and two others with him moved the still in a wagon to the place where it was found. The defendant and two others were found in the nighttime by the officers about 150 feet of the still going in a wagon from the direction of the still towards the defendant's house.
When the officers came upon them the defendant said, "They have caught us, let's show them where it is," and the defendant and the two men with him carried the officers to the still about 150 feet away. The defendant claimed that the still was not his; that it belonged to another man; that he had nothing to do with moving it or any connection with it.
The court did not err in refusing the general affirmative charge for the defendant. There was a conflict in the evidence, and there was sufficient evidence to justify the verdict of guilty.
The appellant insists that the court should have granted his motion for a new trial on the ground, among others assigned that the sheriff went to the room in which the jury were deliberating to get hat and paper belonging to Judge Tucker (the jury being in Judge Tucker's office), and that one member of the jury asked the sheriff what they had done with that other case, and that the sheriff said they had convicted him. The sheriff stated that he went to the office of Judge Tucker where the jury was deliberating on the case and told them he wanted to get Judge Tucker's hat and paper; that he opened the door, and one of the jurors said, "What have they done with the other man," and that the sheriff said, "I don't know, guilty or not guilty" that this was all that he said; and that he was referring to the Wainwright case. The record does...
To continue reading
Request your trial
-
Ellis v. State
... ... brief filed on this appeal, as disposing correctly of the ... questions raised, namely: ... "Defendant requested the general affirmative charge ... This was properly refused, as there was sufficient evidence ... to go to the jury. Tatum v. State, 20 Ala.App. 436, ... 102 So. 726 ... " ... Defendant's motion to require the state to elect under ... which count it would prosecute was properly overruled. There ... was no effort to convict the defendant of more than one ... offense. This was evident both from the ... ...
-
Patterson v. State
... ... 316. The ... trial court erred in permitting this line and method of ... cross-examination ... [21 ... Ala.App. 466] The written charges requested by defendant were ... properly refused. The ruling of the court on these charges ... are sustained by the following authorities: Tatum v ... State, 20 Ala.App. 436, 102 So. 726, as to charges 5 and ... 9; Shirley v. State, 144 Ala. 35, 40 So. 269, as to ... charge 8; charge 7 was covered by the court's oral ... charge; refused charge 15 is a copy of charge 26 in ... Bluett's Case, 151 Ala. 41, 44 So. 84, and held to be ... ...
- McBride v. State
-
Woods v. State
... ... legitimate ... Refused ... charge 2 omits the doctrine of retreat. Refused charge 3 was ... the general charge, and refused charge 4 invades the province ... of the jury. They were all properly refused. Jones v. State; ... 20 Ala. App. 660, 104 So. 771; Tatum v. State, 20 ... Ala. App. 436, 102 So. 726 ... There ... is no error in the record, and the judgment is affirmed ... ...