Burroughs v. State

Alabama Court of Appeals

Burroughs v. State

139 So. 115, 24 Ala. App. 579, 1932 Ala. App. LEXIS 8

CourtAlabama Court of Appeals

DecidedJanuary 12, 1932

Docket5 Div. 853.

StatusPublished

Cited by6 cases

This text of 139 So. 115 (Burroughs 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

Burroughs v. State, 139 So. 115, 24 Ala. App. 579, 1932 Ala. App. LEXIS 8 (Ala. Ct. App. 1932).

Pincite

Opinion

SAMFORD, J.

The evidence in this record has been read and considered en bane. We have been unable to find any evidence which would warrant a verdict connecting this defendant with the criminal possession of the whisky found on his premises.

As has been pointed out many times by this court, a constructive possession alone is not sufficient to justify a conviction. There must, in addition to such possession, be a guilty scienter.

In line with numerous decisions of this court, we hold -that the defendant was entitled to the general charge.

The judgment is reversed, and the cause is remanded.

Reversed and remanded.

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