Burroughs v. State

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

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.