Strickland v. State

• Court: Alabama Court of Appeals
• Writing for the Court: SAMFORD, J.
• Citation: Strickland v. State, 20 Ala.App. 600, 104 So. 351 (Ala. App. 1925)
• Decision Date: 12 May 1925
• Docket Number: 4 Div. 72
• Parties: STRICKLAND v. STATE.

104 So. 351

20 Ala.App. 600

STRICKLAND v. STATE.

4 Div. 72

Court of Appeals of Alabama

May 12, 1925

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

J. Evan Strickland was convicted of possessing or keeping for sale prohibited liquor, and he appeals. Reversed and remanded.

Powell & Reid, of Andalusia, for appellant.

Harwell G. Davis, Atty. Gen., and Lamar Field, Asst. Atty. Gen., for the State.

SAMFORD J.

The whisky which forms the basis of this prosecution was found by the officers in the residence of defendant, one bottle full was in a closet in the dining room, and one half-gallon jar was in a back room covered up. The defendant was not at the house when the officers came, but there were other facts and circumstances in evidence which, taken in connection with the above, were sufficient to go to the jury on the question of a guilty scienter on the part of the defendant, and differentiates this case from Ammons v. State (Ala.App.) 101 So. 511. The affirmative charge was properly refused.

Charge 1, refused to defendant, was substantially covered by charge C, given at defendant's request.

Under section 4685 of the Code of 1923, the mere possession of prohibited liquors in a building used exclusively for a dwelling is not prima...