West v. State

• Court: Alabama Court of Appeals
• Citation: West v. State, 25 Ala.App. 492, 149 So. 354 (Ala. App. 1933)
• Decision Date: 30 June 1933
• Docket Number: 7 Div. 957.
• Parties: WEST v. STATE.

149 So. 354

25 Ala.App. 492

WEST v. STATE.

7 Div. 957.

Court of Appeals of Alabama

June 30, 1933

Appeal from Circuit Court, Cherokee County; A. E. Hawkins, Judge.

J. I West was convicted of manufacturing prohibited liquor, and he appeals.

Reversed and remanded.

Hugh Reed, of Center, for appellant.

Thos E. Knight, Jr., Atty. Gen., for the State.

SAMFORD Judge.

There is no evidence in this record that this defendant actually engaged in the manufacture of whisky. The state's case rests in inferences to be drawn by the jury from facts from which it might be inferred that defendant aided and abetted others in the commission of the crime. In other words, the case made by the state is purely circumstantial. Where this is the case, the question of guilt rests with the jury, and the giving of the general affirmative charge requested by the state is error.

Under our Code 1923, § 3196, the distinction of accessory before the fact and a principal has been abolished, and therefore under our law, one who aids and abets in the commission of a felony is equally guilty as a principal. Alexander v. State, 20 Ala. App. 432, 102 So. 597. But, in order to authorize a conviction as an aider or abettor, there must be by prearrangement, or on the spur of the moment, a common enterprise or adventure and a criminal offense contemplated. In such a case each is a conspirator and, if the purpose is carried out, each is guilty of the offense committed, whether he did any overt act or not. This rests on the principle that one who is present, encouraging abetting, or assisting the active perpetrator in the...