Curlee v. State
| Citation | 196 So. 747,29 Ala.App. 393 |
| Decision Date | 11 June 1940 |
| Docket Number | 7 Div. 555. |
| Parties | CURLEE v. STATE. |
| Court | Alabama Court of Appeals |
Appeal from Circuit Court, Calhoun County; R. B. Carr, Judge.
Cleve Curlee was convicted of unlawfully possessing whiskey, and he appeals.
Reversed and remanded.
E. W. Harmon, of Anniston, for appellant.
Thos. S. Lawson, Atty. Gen., and Wm. N. McQuen, Asst. Atty. Gen., for the State.
Appellant was convicted of the offense of unlawfully being in possession of a quantity of whiskey.
At the close of the taking of testimony he asked the court, in writing, to instruct the jury that they could not convict him.
In addition to the above, after his conviction, and within the time prescribed by law, he made to the court a motion to set aside the verdict of the jury, and the judgment entered thereon, and grant him a new trial. Exception to the action of the court in overruling this motion is duly shown by the bill of exceptions filed here. Our duty is plain.
We have read the entire testimony, sitting en banc. We will not detail it.
There are, it is true, some circumstances shown which point the finger of suspicion toward appellant. But many times we have said that this, alone,--and this is such a case--is not sufficient upon which to found a verdict of guilt.
Appellant was entitled to have the jury instructed as noted above. Or, failing that, his motion to set aside their verdict should have been granted. Ex parte Grimmett, 228 Ala. 1, 152 So. 263; Austin v. State, Ala.App., 195 So. 566.
The judgment is reversed and the cause remanded.
Reversed and remanded.
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Walls v. State
...486, 103 So. 91; Ammons v. State, 20 Ala.App. 283, 101 So. 511; Spelce v. State, 20 Ala.App. 412, 103 So. 694." These cases, Curlee v. State, Ala.App., 196 So. 747, others of similar import impel us logically to the inescapable conclusion that the defendant in the instant case was entitled ......
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Wright v. State, 7 Div. 317
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...... evidence and is of the opinion that the evidence given. pending trial was insufficient to warrant conviction of the. defendant. The facts and circumstances obtaining here are not. dissimilar to many other cases already decided by this court,. notably among them being Curlee v. State, 196 So. 747; Weaver v. State, 24 Ala.App. 694, 131 So. 927;. Huckabaa v. State, 23 Ala.App. 333, 125 So. 202;. Bivens v. State, 27 Ala.App. 304, 171 So. 755, and. cases there cited. Upon authority of these decisions this. case should be reversed. No guilty scienter is shown and. ......
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Riddlespur v. State
...... . . The. following authorities lend support to our views. An. examination of them will lead to the inevitable conclusion. that we are in harmony with principles of law of instant. concern which have been recognized and developed in the. course of judicial decisions. Curlee v. State, 29. Ala.App. 393, 196 So. 747; Campbell v. State, 28. Ala.App. 240, 182 So. 89; Alford v. State, 26. Ala.App. 188, 155 So. 388; Duncan v. State, 25. Ala.App. 197, 143 So. 201; Buckner v. State, 25. Ala.App. 361, 146 So. 624; Coker v. State, 25. Ala.App. 191, 143 So. 206; Eldridge v. ......