Johnson v. State

Decision Date12 May 1925
Docket Number4 Div. 40
Citation20 Ala.App. 598,104 So. 352
PartiesJOHNSON v. STATE.
CourtAlabama Court of Appeals

Appeal from Circuit Court, Russell County; J.S. Williams, Judge.

John A. Johnson was convicted on a charge of possessing whisky for sale or disposition, and he appeals. Reversed and remanded.

SAMFORD, J.

Two half pints and five half pints of whisky were found by the officers lying in the grass at the inside edge of the sidewalk, adjoining a building in Girard, Ala. The defendant was a night watchman and had been within 10 feet of the two pints and 35 to 40 feet of the five pints. This is literally all of the testimony offered by the state tending to connect the defendant with the possession or its sale. The defendant was entitled to the general charge.

The judgment is reversed, and the cause is remanded.

Reversed and remanded.

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5 cases
  • Walls v. State
    • United States
    • Alabama Court of Appeals
    • June 25, 1940
    ... ... of guilty, and that such evidence will not sustain a judgment ... of conviction. Huckabaa v. State, 23 Ala.App. 333, ... 125 So. 202; Talbot v. State, 23 Ala.App. 559, 129 ... So. 323, 324; Hutcheson v. State, 21 Ala.App. 174, ... 106 So. 206; Johnson v. State, 20 Ala. App. 598, 104 ... So. 352; Bush v. State, 20 Ala.App. 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, and ... others of similar ... ...
  • Buckner v. State
    • United States
    • Alabama Court of Appeals
    • March 7, 1933
    ...decisions are conclusive of this proposition and of this appeal: Ammons v. State, 20 Ala. App. 283, 101 So. 511; Johnson v. State, 20 Ala. App. 598, 104 So. 352; Strickland v. State, 20 Ala. App. 600, 104 So. 351; Guilford v. State, 20 Ala. App. 625, 104 So. 678; Allen v. State, 21 Ala. App......
  • Bivens v. State, 4 Div. 246
    • United States
    • Alabama Court of Appeals
    • November 24, 1936
    ... ... predicate a verdict of guilty, and that such evidence will ... not sustain a judgment of conviction. Huckabaa v ... State, 23 Ala.App. 333, 125 So. 202; Talbot v ... State, 23 Ala.App. 559, 129 So. 323, 324; Hutcheson ... v. State, 21 Ala.App. 174, 106 So. 206; Johnson v ... State, 20 Ala.App. 598, 104 So. 352; Bush v ... State, 20 Ala.App. 486, 103 So. 91; Ammons v ... State, 20 Ala.App. 283, 101 So. 511; Spelce v. State, 20 ... Ala.App. 412, 103 So. 694." ... In the ... Talbot Case, supra, this court said: "To permit a ... conviction of this ... ...
  • Perkins v. State
    • United States
    • Alabama Court of Appeals
    • March 24, 1931
    ...133 So. 307 24 Ala.App. 231 PERKINS v. STATE. 8 Div. 199.Court of Appeals of AlabamaMarch 24, 1931 ... Appeal ... from Circuit Court, Lauderdale County; J. Fred Johnson, Jr., ... Miles ... Perkins was convicted of unlawfully possessing prohibited ... liquor, and he appeals ... Reversed ... and remanded ... Bradshaw ... & Barnett, of Florence, for appellant ... Thos ... E. Knight, Jr., Atty. Gen., for the State ... ...
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