COOK v. STATE

(101 So. 75) COOK v. STATE. (3 Div. 470.) (Court of Appeals of Alabama. June 30, 1924.) Criminal law &wkey;a752 — Matters admitted by defendant’s demurrer to the evidence stated. On demurrer to the evidence, defendant admits the tendencies of the evidence and every inference that may be legally drawn from the facts as proven. Appeal from Circuit Oourt, Lowndes County; A. E. Gamble, Judge. Will C.ook was convicted of manufacturing prohibited liquors and possessing a still, and appeals. Affirmed. R. L. Goldsmith, of Hayneville, for appellant. No brief reached the Reporter. Harwell 'G. Davis, Atty. Gen., for the State. No brief reached the Reporter. [MAJORITY — . SAMEORD, J.] . SAMEORD, J. There was a demurrer to the evidence. Where this • is the case, the defendant admits the tendencies of the evidence and every inference that may be legally drawn from the facts as proven. The evidence was ample to sustain the ruling of the court in its rulings on the demurrer and in overruling the motion for a new trial. We find no error in the record, and the judgment is affirmed. Affirmed.