YOUNG v. STATE, 22 Ala. App. 436 (1928)

116 So. 507

YOUNG v. STATE.

7 Div. 385.Court of Appeals of Alabama.
April 17, 1928.

Appeal from Circuit Court, De Kalb County; W. W. Haralson, Judge.

Ace Young was convicted of distilling prohibited liquor and unlawfully possessing a still, and he appeals. Reversed and remanded.

Chas. J. Scott, of Ft. Payne, for appellant.

In the absence of independent evidence, the confession was inadmissible, and should have been excluded. The general charge should have been given for defendant. Matthews v. State, 55 Ala. 187; Smith v. State, 133 Ala. 145, 31 So. 806, 91 Am. St. Rep. 21; Stringer v. State, 135 Ala. 60, 33 So. 685; 16 C. J. 735; Harden v. State, 109 Ala. 50, 19 So. 494; Matthews v. State, 55 Ala. 187.

Charlie C. McCall, Atty. Gen., for the State.

Brief did not reach the Reporter.

PER CURIAM.

This court en banc has considered the record in this appeal. We are of the opinion that the defendant was entitled to the affirmative charge as to the first count of the indictment, and, further, that the alleged confession of the defendant as to the crime charged in said first count was improperly admitted, there being no evidence to prove the corpus delicti of the offense therein charged.