MINIRTH v. STATE

7 Div. 586.

117 So.2d 355 (1959)

John F. MINIRTH v. STATE.

Court of Appeals of Alabama.

Rehearing Denied December 1, 1959.


Attorney(s) appearing for the Case

Frank B. Embry, Pell City, for appellant.

MacDonald Gallion, Atty. Gen., and Paul T. Gish, Jr., Asst. Atty. Gen., for the State.


CATES, Judge.

Minirth was caught by a Federal revenue agent at a still. The still was fired up but had not been capped.

When arrested Minirth stated the still was his and Mig Mayner's and that he was distilling because he needed money.

One of the agents testified the apparatus was a complete still although uncapped and without the condenser or lead pipes hooked up. The other agent, on cross-examination, stated:

"Q. I will ask you whether or...

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