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Wolf
v.
State.
v.
State.
7 Div. 341..
Alabama Court of Appeals.
Feb 1, 1927.
Frank B. Embry, of Pell City, for appellant.
There is no adjudication by the court of defendant's guilt, based upon the verdict of the jury, and the judgment is erroneous. Wells v. State, 19 Ala. App. 403 , 97 So. 681 ; White v. State, 18 Ala. App. 50 , 88 So. 451 ; McMahan v. State, ante, p. 522, 109 So. 553 .
Harwell G. Davis, Atty. Gen., for the State.
Brief of counsel did not reach the Reporter.
Rice.
Published
RICE, J.
Appellant was convicted of the offense of distilling prohibited liquors, etc.
Where it appears that there was a regular finding of guilt by the jury, followed by an appropriate sentence by the court, a proper adjudication of guilt will, upon appeal, be presumed.
All facts and circumstances constituting a part of the res gesta of the alleged offense are properly allowed to go in evidence.
Thefe is no error in the record, and the judgment is affirmed.
Affirmed.