Rogers v. State, 117 So. 409 (Ala. Ct. App. 1928). · Go Syfert
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Rogers v. State, 117 So. 409 (Ala. Ct. App. 1928). Cases Citing This Book View Copy Cite
9 citation events across 2 distinct courts.
Strongest positive: Nobles v. State (alactapp, 1942-03-17)
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discussed Cited "see, e.g." Nobles v. State (2×)
Ala. Ct. App. · 1942 · signal: see also · confidence low
Appellant insists, however, there was error in the action of the court in refusing his special written charge No. 13, which reads as follows: "The Court charges the jury that if they find from the evidence that the deceased, at the time the blow was struck was attempting to make an assault on the defendant and that the defendant, in resisting said assault used force not greatly disproportionate to the character of the assault, and death accidentally resulted, this would be self-defense, and the jury should acquit him." In support of the foregoing insistence appellant states: "This charge was a…
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Rogers
v.
State.
8 Div. 586..
Alabama Court of Appeals.
Mar 6, 1928.
117 So. 409
1928 Ala. App. LEXIS 97
O. M. Rains, of Scottsboro, for appellant. Charlie C. McCall, Atty. Gen., for the State. No briefs reached the Reporter.
Sameord.
Cited by 2 opinions  |  Published
SAMEORD, J.

The indictment in three counts charges (1) manufacturing whisky; (2 and 3) unlawful possession of a still, etc.

There was no evidence that whisky was actually manufactured, and there was no evidence that the beer found at the still contained alcohol, but there was evidence of an attempt to manufacture whisky, and for that reason the general affirmative charge as to count (1) was properly refused. This court and the Supreme Court have both held, and section 3307 of the Code of 1923 so provides, that a conviction for an attempt to manufacture whisky may be had under a count charging its manufacture.

The evidence was sufficient to go to the jury on the other counts.

We find no error in the record, and the judgment is affirmed.

Affirmed.