Weaver v. State, 4 Div. 709.

Decision Date25 November 1930
Docket Number4 Div. 709.
Citation24 Ala.App. 694,131 So. 927
PartiesDAN WEAVER v. STATE.
CourtAlabama Court of Appeals

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

J. C. Fleming, of Elba, for appellant.

Charlie C. McCall, Atty. Gen., for the State.

SAMFORD, J.

The evidence in this case has been read by the court sitting en banc, and in it there is to be found no sufficient evidence connecting this defendant with the possession of the prohibited liquor. A constructive possession is not sufficient; there must be coupled with such possession evidence tending to prove a guilty scienter. Huckabaa v. State, 23 Ala. App. 333, 125 So. 202.

The judgment is reversed, and the cause is remanded.

Reversed and remanded.

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2 cases
  • Walls v. State
    • United States
    • Alabama Court of Appeals
    • June 25, 1940
    ...198 So. 151 29 Ala.App. 466 WALLS v. STATE. 8 Div. 940.Court of Appeals of AlabamaJune 25, 1940 ... Rehearing ... 115; Pate v ... State, 26 Ala.App. 487, 162 So. 571; Weaver v ... State, 24 Ala.App. 694, 131 So. 927. We quote, in ... support of ... Gen.Acts Spec.Sess.1909, p. 63, Sec. 4), which is: "The ... keeping of liquors or beverages that are prohibited ... ...
  • Thurman v. State
    • United States
    • Alabama Court of Appeals
    • June 11, 1940
    ...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. Bivens v. State, 27 Ala.App. 304, 171 So. 755, and cases there cited. Upon auth......

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