Pate v. State, 7 Div. 111
| Decision Date | 25 June 1935 |
| Docket Number | 7 Div. 111 |
| Citation | 26 Ala.App. 487,162 So. 571 |
| Parties | PATE v. STATE. |
| Court | Alabama Court of Appeals |
Appeal from De Kalb County Court; L.L. Crawford, Judge.
Dewey Pate was convicted of unlawfully possessing prohibited liquor, and he appeals.
Reversed and remanded.
Thos. W. Millican, of Cullman, for appellant.
A.A. Carmichael, Atty. Gen., for the State.
It has many times been held by this court that a constructive possession alone is not sufficient to justify a conviction for the unlawful possession of whisky. There must be evidence from which the jury can infer a guilty scienter. Burroughs v. State, 24 Ala.App. 579, 139 So. 115.
When the evidence for the state was all in and the state had rested its case, the defendant made a motion to exclude the evidence and to discharge the defendant. Denial of defendant's motion to exclude all evidence is never reversible error. McMullen v. Daniel, 229 Ala. 194, 155 So. 687.
However, there was not sufficient evidence to connect the defendant with the possession of the whisky, and therefore defendant's motion for a new trial should have been granted.
The judgment is reversed and the cause is remanded.
Reversed and remanded.
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Walls v. State
...198 So. 151 29 Ala.App. 466 WALLS v. STATE. 8 Div. 940.Court of Appeals of AlabamaJune 25, 1940 ... Rehearing ... Burroughs v ... State, 24 Ala.App. 579, 139 So. 115; Pate v ... State, 26 Ala.App. 487, 162 So. 571; Weaver v ... State, 24 ... ...
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Adkins v. State, 7 Div. 380
...There must be evidence from which the jury can infer a guilty scienter. Burroughs v. State, 24 Ala.App. 579, 139 So. 115.' Pate v. State, 26 Ala.App. 487, 162 So. 571. See also Wilbanks v. State, 28 Ala.App. 456, 185 So. 770; Grimes v. State, Ala.App., 76 So.2d 684. It is equally well settl......
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Brooks v. City of Birmingham
... ... 496 Brooks v. City of Birmingham 6 Div. 48Alabama Court of AppealsAugust 22, 1944 ... (is) a crime against the State and also against City ... ordinances. Grissett v. City of ... evidence is never reversible error." And see Pate v ... State, 26 Ala.App. 487, 162 So. 571 ... ...
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Arnold v. State, 4 Div. 483
...There must be evidence from which the jury can infer a guilty scienter. Burroughs v. State, 24 Ala.App. 579, 139 So. 115.' Pate v. State, 26 Ala.App. 487, 162 So. 571. See also Wilbanks v. State, 28 Ala.App. 456, 185 So. 770; Grimes v. State, ante, 38 Ala.App. p. 94, 76 So.2d 684. 'It is eq......