Hutcheson v. State

Alabama Court of Appeals

Hutcheson v. State

106 So. 206, 21 Ala. App. 174, 1925 Ala. App. LEXIS 300

CourtAlabama Court of Appeals

DecidedNovember 17, 1925

Docket4 Div. 126.

StatusPublished

Cited by7 cases

This text of 106 So. 206 (Hutcheson 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

Hutcheson v. State, 106 So. 206, 21 Ala. App. 174, 1925 Ala. App. LEXIS 300 (Ala. Ct. App. 1925).

Pincite

Opinion

SAMFORD, J.

Defendant was indicted and tried jointly with his wife on a charge of possessing less than a quart of whisky. Both were convicted, but only this defendant appeals. There was no sufficient evidence to connect this appellant with the possession of the bottle of whisky found in the actual possession of the codefendant. This appellant was not even present, and is not shown to have known of the existence of the whisky. This appellant was entitled to the general charge. Oldacre v. State, 16 Ala. App. 151, 75 So. 827; Ammons v. State, 20 Ala. App. 283, 101 So. 511; Strickland v. State, 20 Ala. App. 600, 104 So. 351.

For the error pointed out, the judgment is reversed, and the cause remanded.

Reversed and remanded.

Free access — add to your briefcase to read the full text and ask questions with AI

SAMFORD, J.

Defendant was indicted and tried jointly with his wife on a charge of possessing less than a quart of whisky. Both were convicted, but only this defendant appeals. There was no sufficient evidence to connect this appellant with the possession of the bottle of whisky found in the actual possession of the codefendant. This appellant was not even present, and is not shown to have known of the existence of the whisky. This appellant was entitled to the general charge. Oldacre v. State, 16 Ala. App. 151, 75 So. 827; Ammons v. State, 20 Ala. App. 283, 101 So. 511; Strickland v. State, 20 Ala. App. 600, 104 So. 351.

For the error pointed out, the judgment is reversed, and the cause remanded.

Reversed and remanded.

Cite This Page — Counsel Stack

Bluebook (online)

106 So. 206, 21 Ala. App. 174, 1925 Ala. App. LEXIS 300, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hutcheson-v-state-alactapp-1925.

Opinion

Related

Cite This Page — Counsel Stack