Sikes v. State

• Court: Alabama Court of Appeals
• Writing for the Court: SAMFORD, J.
• Citation: Sikes v. State, 107 So. 800, 21 Ala.App. 220 (Ala. App. 1925)
• Decision Date: 24 November 1925
• Docket Number: 4 Div. 173
• Parties: SIKES v. STATE.

107 So. 800

21 Ala.App. 220

SIKES v. STATE.

4 Div. 173

Court of Appeals of Alabama

November 24, 1925

Rehearing Denied Jan. 12, 1926

Appeal from Circuit Court, Pike County; W.L. Parks, Judge.

Jim Sikes was convicted of violating the prohibition law, and he appeals. Affirmed.

Certiorari denied by Supreme Court in Sikes v. State, 107 So 801.

D.A Baker, of Troy, for appellant.

Harwell G. Davis, Atty. Gen., and Thos.E. Knight, Jr., Asst. Atty Gen., for the State.

SAMFORD J.

The evidence for the state tended to prove that, within the time laid in the indictment, the officers found a one-gallon glass jug containing 3 quarts of rum, in a bunch of bushes, and about 45 yards from defendant's store, that about 50 yards further on they found a keg containing about 7 gallons and in defendant's "car house" was found a demijohn which "smelled like" it had contained rum; that there was a path leading from defendant's store to the point where the keg was found, in which were some tracks recently made leading from the keg to the store. The path led from defendant's storehouse to the keg and nowhere else, and at the keg was a rubber tube used for drawing the whisky from the keg. In the rear end of defendant's store was a window overlooking the path and the places where the whisky was found, and, while the officers were looking and searching, defendant was at this window, inside of his store, watching them in their efforts. The question of possession was for the jury. Bridgeforth v. State, 77 So. 77, 16 Ala.App. 239.

In a prosecution for selling whisky, it is relevant to prove that empty vessels smelling of...