Davidson v. State

Alabama Court of Appeals

Davidson v. State

180 So. 129, 28 Ala. App. 151, 1938 Ala. App. LEXIS 93

CourtAlabama Court of Appeals

DecidedMarch 22, 1938

Docket7 Div. 347.

StatusPublished

Cited by1 cases

This text of 180 So. 129 (Davidson 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

Davidson v. State, 180 So. 129, 28 Ala. App. 151, 1938 Ala. App. LEXIS 93 (Ala. Ct. App. 1938).

Pincite

Opinion

RICE, Judge.

Appellant was convicted of the offense of. illegally being in the possession of “prohibited liquor” — whisky. We have read the testimony, sitting en banc.

The court and the jury having the appellant, and the witnesses, before them, we can see how it is possible that they may have had a strong suspicion that the whisky which was found some “200 or 300 yards, or a quarter of a mile” from appellant’s home belonged to him. The testimony reduced to cold type, as here, does not even, fairly, “raise a suspicion.”

Surely, we are clear to the conclusion that said testimony was entirely insufficient to even be submitted to the jury ■ — to say nothing of its being unable to support the verdict returned.

For the error in refusing to give to the jury at appellant’s request the general affirmative charge to find in his favor, the judgment of conviction is reversed, and the cause remanded.

Reversed and remanded.

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