
    140 So. 764
    MOORE v. STATE.
    8 Div. 425.
    Court of Appeals of Alabama.
    March 29, 1932.
    H. H. Hamilton, of Russellville, for appellant.
    Thos. E. Knight, Jr., Atty. Gen., for the State.
   BRICKEN, P. J.

This appellant was tried and convicted for violating the Prohibition Law (Code, §■ 4615 et seq.) by having whisky in his possession. He appealed to this court. The case-involves a question -of fact only. The refusal to direct a verdict for defendant is the only point of decision for determination. There was some evidence tending to make out a case against the defendant for the offense charged. This being true, the court was without authority to direct a verdict in his behalf; hence in the refusal of the affirmative charge there was no error. Ode Grimes v. State, 24 Ala. App. 378, 135 So. 652.

Affirmed.  