Vaughan v. State
| Decision Date | 08 February 1921 |
| Docket Number | 7 Div. 704 |
| Citation | 18 Ala.App. 57,88 So. 374 |
| Parties | VAUGHAN v. STATE. |
| Court | Alabama Court of Appeals |
Appeal from Circuit Court, St. Clair County; W.J. Martin, Judge.
Fred Vaughan was convicted of manufacturing liquor, and appeals. Affirmed.
C.R. Robinson, of Ashville, for appellant.
J.Q. Smith, Atty. Gen., for the State.
The indictment was demurred to, but the judgment of the court fails to show any ruling on demurrer. In the absence of such ruling, there is nothing for this court to pass upon.
The judgment shows a ruling on a motion to quash the indictment, but no motion to quash appears in the record. In the absence of such motion, this court will presume that the court's action on the motion was without error.
The admission of the testimony of the witness Watson to the statement made by the defendant at the still at the time the arrest was made was not error, for the reason that what defendant said there at the time was a part of the res gestae. Again, the crime of manufacturing liquor is continuous in its nature, and, when referring to the same still and location, proof of other "runs," having been made would be competent evidence to establish the offense.
There is no error in the record, and the judgment is affirmed.
Affirmed.
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Webb v. State
... ... offense testified to by Rogers and that testified to by ... Gardner related to the same defendant, the same still, and ... the same location, and were so connected, the possession ... being continuous, that they form part of one transaction and ... constitute but one offense. Vaughan v. State, 18 ... Ala. App. 57, 88 So. 374 ... As a ... general proposition, upon a trial for one offense, evidence ... of another distinct offense, though of the same nature, is ... inadmissible. But this rule is not without its limitations or ... exceptions. "Where it becomes ... ...
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Usrey v. State, 7 Div. 160
...had for the same possession. Dodd v. State, 24 Ala.App. 36, 129 So. 712; Blackstone v. State, 19 Ala.App. 582, 99 So. 323; Vaughan v. State, 18 Ala.App. 57, 88 So. 374; Stewart v. State, 21 Ala.App. 173, 106 So. 205; Wilkerson v. State, 23 Ala.App. 53, 120 So. We see no logical reason for a......
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Fuller v. State
...such testimony was admissible: Dawkins v. State, 99 So. 661, 19 Ala.App. 589; Webb v. State, 97 So. 246, 19 Ala.App. 359; Vaughn v. State, 88 So. 374, 18 Ala.App. 57; Blackstone v. State, 99 So. 323, 19 Ala.App. No objection was made to the recalling by the state of witness Mattie Wilson fo......
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Childers v. State
... ... proved are so connected that they form part of one ... transaction, and these continuing transactions or acts being ... so continuous as to form but one offense. This is the proper ... construction of the opinion in the case of Vaughan v ... State (Ala. App.) 88 So. 374. In that case the admission ... of the defendant that he had made two or three runs there ... before was held to be relevant, as forming a part of the res ... gestæ, and that part of the opinion which holds that the ... crime of manufacturing liquor is ... ...