Liles v. State

Alabama Court of Appeals

Liles v. State

148 So. 337, 25 Ala. App. 447, 1933 Ala. App. LEXIS 102

CourtAlabama Court of Appeals

DecidedMay 16, 1933

Docket8 Div. 648.

StatusPublished

This text of 148 So. 337 (Liles 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

Liles v. State, 148 So. 337, 25 Ala. App. 447, 1933 Ala. App. LEXIS 102 (Ala. Ct. App. 1933).

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Opinion

SAMFORD, Judge.

The deputy sheriff, who is the only witness, saw defendant down in a ditch where people resorted to relieve the call of nature. *448 Defendant was “hunkered down on his knee.” The deputy went down into the ditch and near where 'he had seen defendant on his knees and there found under some brush three half-pint bottles of whisky. There was no evidence connecting the defendant with the possession, and the court erred in refusing to give as requested in writing the general affirmative charge in his behalf. The following authorities are in point: McKinnon v. State, 22 Ala. App. 654, 119 So. 596; Tuggle v. State, 22 Ala. App. 89, 112 So. 540; Hayes v. State, 22 Ala. App. 264, 114 So. 674, and authorities there cited.

"The judgment is reversed, and the cause is remanded.

Reversed and remanded.

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SAMFORD, Judge.

The deputy sheriff, who is the only witness, saw defendant down in a ditch where people resorted to relieve the call of nature. *448 Defendant was “hunkered down on his knee.” The deputy went down into the ditch and near where 'he had seen defendant on his knees and there found under some brush three half-pint bottles of whisky. There was no evidence connecting the defendant with the possession, and the court erred in refusing to give as requested in writing the general affirmative charge in his behalf. The following authorities are in point: McKinnon v. State, 22 Ala. App. 654, 119 So. 596; Tuggle v. State, 22 Ala. App. 89, 112 So. 540; Hayes v. State, 22 Ala. App. 264, 114 So. 674, and authorities there cited.

"The judgment is reversed, and the cause is remanded.

Reversed and remanded.

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Bluebook (online)

148 So. 337, 25 Ala. App. 447, 1933 Ala. App. LEXIS 102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/liles-v-state-alactapp-1933.

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