Gardner v. State

Alabama Court of Appeals

Gardner v. State

106 So. 894, 21 Ala. App. 208, 1926 Ala. App. LEXIS 21

CourtAlabama Court of Appeals

DecidedJanuary 12, 1926

Docket3 Div. 511.

StatusPublished

This text of 106 So. 894 (Gardner 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

Gardner v. State, 106 So. 894, 21 Ala. App. 208, 1926 Ala. App. LEXIS 21 (Ala. Ct. App. 1926).

Pincite

Opinion

SAMFORD, J.

The sheriff found a still located in a ditch or gully, surrounded by some scrub oaks, and about 300 yards from defendant’s house. The landlord, being examined by the state, testified that defendant was ’not in possession of the land where the still was found. No connection between the still and defendant is shown. The defendant is presumed to be innocent until his guilt is established by competent evidence beyond a reasonable doubt. The state in this case has, not met the burden of proof. The defendant was entitled to the affirmative charge, and for the error in refusing this charge the judgment is reversed and the cause is remanded. Reversed and remanded.

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SAMFORD, J.

The sheriff found a still located in a ditch or gully, surrounded by some scrub oaks, and about 300 yards from defendant’s house. The landlord, being examined by the state, testified that defendant was ’not in possession of the land where the still was found. No connection between the still and defendant is shown. The defendant is presumed to be innocent until his guilt is established by competent evidence beyond a reasonable doubt. The state in this case has, not met the burden of proof. The defendant was entitled to the affirmative charge, and for the error in refusing this charge the judgment is reversed and the cause is remanded. Reversed and remanded.

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Bluebook (online)

106 So. 894, 21 Ala. App. 208, 1926 Ala. App. LEXIS 21, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gardner-v-state-alactapp-1926.