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Rogers v. State

Rogers v. State.

Rogers v. State, 117 So. 409 (Ala. Ct. App. 1928)
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Court
Alabama Court of Appeals · State Appellate Courts
Decided
March 6, 1928
Docket
No. 8 Div. 586.
Judges
Sameord
Citations
117 So. 40922 Ala. App. 4101928 Ala. App. LEXIS 97

Opinion of the Court — Sameord

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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1928: 11961: 119282026peak 1928 · 1

Relies on it most ⓘ

  1. Bentley v. State131 So. 2d 426 (Ala. Ct. App. 1961)
  2. Rogers v. State117 So. 410 (Ala. 1928)

Most recent

  1. Bentley v. State131 So. 2d 426 (Ala. Ct. App. 1961)
  2. Rogers v. State117 So. 410 (Ala. 1928)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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