Coker v. State

Alabama Court of Appeals

Coker v. State

143 So. 206, 25 Ala. App. 191, 1932 Ala. App. LEXIS 160

CourtAlabama Court of Appeals

DecidedJune 30, 1932

Docket7 Div. 905.

StatusPublished

Cited by7 cases

This text of 143 So. 206 (Coker 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

Coker v. State, 143 So. 206, 25 Ala. App. 191, 1932 Ala. App. LEXIS 160 (Ala. Ct. App. 1932).

Pincite

Opinion

SAMFORD, J.

The only evidence for the state was that of the sheriff and his deputy, who testified that, armed with a search warrant they went to defendant’s place and found one pint of whisky under the back steps to his store and eleven pints in the furnace of a barbecue pit in the rear of the storehouse.

There was no evidence as to the ownership of the whisky, and nothing to prove that defendant knew of its presence. The cause was tried by the court, without a jury. As has many times been pointed out, a constructive possession alone is not sufficient to justify a conviction. Burroughs v. State, 24 Ala. App. 579, 139 So. 115; Eldridge v. State, 24 Ala. App. 395, 135 So. 646.

The trial court erred in rendering judgment of conviction.

*192 The judgment is reversed, and the cause is remanded.

Reversed and remanded.

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