The Birmingham age-herald., 1923-04-04
ILLEGAL I ] HOLD
 COURT IN STREET, TRIBUNAL DECIDES
Chiffon County Man Given New Trial On Novel Plea.
 Decisions Announced
STATE CAPITAL BUREAU
 THE AGE-HFRALD } Mont rOInery. Ala. April 2

George Kilgore convicted of steal Ing an automobile in Chiffon county, won another trial in the court of ap- peals Tuesday afternoon because the trial judge permitted the case to be transferred into the streets of Clan ton and permitted one witness to sub init testimony while the judge. jury. lawyers and spectators were not in the court room. It was novel case, and in so far as recollections of at torneys at the capital go a similar one has never come up in Alabama.
 Gilgore was charged with stealing an automobile belonging to Ruth Gowan an dtaking it to Americus, Ga. where it was discovered. In the trial of the case the owner was per mitted to give testimony while the court was inspecting the automobile which was stationed nea rthe court house. Attorneys for kilgore object ed on the ground that a case could not be tried at any place except in the courthouse. The court of appeals held that the trial judge erred in per hitting the witness to give her testi- mony while standing near the ma chine.
 "The effect of these rulings of the court was practically to remove the trial of this defendant or a portion splace where he could be tried, the eeurthouse of the county in which the offense Is alleged to have been com mitted," to the streets of Clanton. Said the opinion written by Judge Charles R. Bricken, presiding judge; The proper place for the trial of criminal cases is the courthouse Of the county and not elsewhere. and in the absence 0 fexpress legislative au- thority it should not be removed to any other place.
 Decisions Handed Down.
 The court of appeals handed down S95Gpes laltra raiode--hocrim -SWOaw W good number of decisions in cases submitted during the first call of di- visions The second call for the term was begun Tuesday with the submis- sion of cases from the first division.
 In another interesting case the court of appeals held that a man can not he convicted of violating the pro- hibition laws on no more evidence than that he was caught in the woods near demijohn of liquor. G. l.. Har- din of Cullman county was convicted Of violating the prohibition laws. The evidence showed that he and another person were near the liquor in the woods. Hardin contended that an- other man owned the liquor and that he went there to get drink. The court of appeals said there should be additional evidence to indicate a vio- lation of the law and reversed the case.
 John Triple of Madison county must go to prison on a charge of dis tllling despite the fact that he set up noNel defense. He contended that ne wouldn't be convicted in a state court because the ratification of the eishteenth amendment to the federal constitution repealed all state prohi- pition laws and left the enforcement or prohibition entirely to the federal government. The appellate court held that the state courts did not lose any or the1r authority by the ratification or the amendment.
 sidney Moon of Chambers county. convicted of manufacturing liquor, I>won new trial on his novel defense. Moon was seen to leave a still with a demlJohn of liquor and to- secrete if m the woods, This was the only evil dense against him. The court of an peais sal dhe might be convicted Of violating the prohibition laws. 'rnis- uemeanor. on this evidence. but could not be convicted of manufacturinr llduor. felony. unless evidence was otlered to show that he was connect eu with the operation of the still.