129 So. 923
7 Div. 645.Court of Appeals of Alabama.
June 30, 1930.
Appeal from Circuit Court, De Kalb County; A. E. Hawkins, Judge.
Defendant was convicted of unlawfully transporting whisky in quantities of five gallons or more and appeals.
C. A. Wolfes, of Ft. Payne, for appellant.
Charlie C. McCall, Atty. Gen., for the State.
SAMFORD, J.
The evidence was in conflict, and there is no such preponderance in favor of defendant as would authorize this court to hold that the trial judge committed error in overruling the defendant’s motion for a new trial.
Questions arising on rulings on demurrer are settled against defendant in Williams v. State, 23 Ala. App. 53, 122 So. 460, Dixon v. State, 23 Ala. App. 279, 124 So. 506, and Weaver v. State, 23 Ala. App. 353, 125 So. 800.
There is no error in the record, and the judgment is affirmed.
Affirmed.
Page 626