Bradford v. State

Alabama Court of Appeals

Bradford v. State

121 So. 919, 23 Ala. App. 609

CourtAlabama Court of Appeals

DecidedMarch 26, 1929

Docket8 Div. 752.

StatusPublished

This text of 121 So. 919 (Bradford v. State) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bradford v. State, 121 So. 919, 23 Ala. App. 609 (Ala. Ct. App. 1929).

Pincite

Opinion

SAMEORD, J.

In the absence of defendant and his wife, a deputy sheriff and another went to the house where defendant lived, and in a barn located about 100 yards from the house, after diligent search, they claimed to have found a small catsup bottle full of whisky buried in the cotton seed, with some fruit jars and a still worm. When arrested and told that the bottle of whisky had been found, he said: “If you did, somebody else put it there.” There is absolutely no evidence tending to prove a guilty scienter in this ease, and the defendant should have been acquitted.

The cause was tried by the court without a jury, and the judgment of conviction was error. The judgment is reversed, and the cause is remanded.

Reversed and remanded.

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SAMEORD, J.

In the absence of defendant and his wife, a deputy sheriff and another went to the house where defendant lived, and in a barn located about 100 yards from the house, after diligent search, they claimed to have found a small catsup bottle full of whisky buried in the cotton seed, with some fruit jars and a still worm. When arrested and told that the bottle of whisky had been found, he said: “If you did, somebody else put it there.” There is absolutely no evidence tending to prove a guilty scienter in this ease, and the defendant should have been acquitted.

The cause was tried by the court without a jury, and the judgment of conviction was error. The judgment is reversed, and the cause is remanded.

Reversed and remanded.

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Bluebook (online)

121 So. 919, 23 Ala. App. 609, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bradford-v-state-alactapp-1929.