Opinion
4 Div. 843.
February 12, 1922. Rehearing Denied April 8, 1924.
Appeal from Circuit Court, Barbour County; J.S. Williams, Judge.
Tom Loman was convicted of possessing a still, and he appeals. Affirmed.
McDowell McDowell, of Eufaula, for appellant.
Counsel argue for error in the rulings discussed, but without citing authorities.
Harwell G. Davis, Atty. Gen., and Lamar Field, Asst. Atty. Gen., for the State.
The defendant was without right to require the state to offer the still in evidence. 1 Mayfield's Dig. p. 320, 37; Acts 1919, p. 12, § 12; Peek v. State, ante, p. 370, 97 So. 374. The confession made before the justice of the peace was admissible. 4 Michie's Ala. Dig. 237. Where facts are fully proven, the court may so state in charge to the jury. Miller v. State, 107 Ala. 40, 19 So. 37.
The trough and pipe, as being a part of a still alleged to have been found on defendant's premises, were admissible in evidence as a part of the res gestæ of the crime charged in the indictment. Mitchell v. State, 94 Ala. 68, 10 So. 518; Ezell v. State, 103 Ala. 8, 15 So. 818. But where the articles comprising the still charged to have been possessed by defendant have been testified to, and no element of contention appears in the record that the articles were not a part of still, and it being the duty of appellant to show injury in the court's ruling, the court will not be reversed for refusal to grant defendant's motion to require certain parts of the still, then in possession of the sheriff, to be produced in court.
The fact that defendant pleaded guilty before the justice of the peace on preliminary hearing is admissible. Bibb v. State, 83 Ala. 84, 3 So. 711.
There was no error in the oral charge of the court as indicated by the excerpts excepted to. Where facts are fully proven, or as to which there is no doubt, the court may so state in its charge to the jury.
We find no error in the record, and the judgment is affirmed.
Affirmed.