Pruitt v. State

Alabama Court of Appeals

Pruitt v. State

166 So. 730, 27 Ala. App. 137, 1936 Ala. App. LEXIS 63

CourtAlabama Court of Appeals

DecidedMarch 17, 1936

Docket8 Div. 267.

StatusPublished

Cited by2 cases

This text of 166 So. 730 (Pruitt 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

Pruitt v. State, 166 So. 730, 27 Ala. App. 137, 1936 Ala. App. LEXIS 63 (Ala. Ct. App. 1936).

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Opinion

SAMFORD, Judge.

The sheriff and his chief deputy searched the house of defendant in his absence and found in a bedroom, in the pocket of a pair of overalls hanging near the bed, about three-fourths- of a “short pint” of whisky. The defendant had not been at home since 6:30 in the morning. There were other people in the house in defendant’s absence, any of whom may have placed the whisky in the pocket of the overalls. Under all of our decisions, this evidence falls far short of connecting the defendant with the possession. Pate v. State, ante, p. 73, 165 So. 783; Alford v. State, 26 Ala.App. 188, 155 So. 388.

The judgment is reversed, and the cause is remanded.

Reversed and remanded.

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SAMFORD, Judge.

The sheriff and his chief deputy searched the house of defendant in his absence and found in a bedroom, in the pocket of a pair of overalls hanging near the bed, about three-fourths- of a “short pint” of whisky. The defendant had not been at home since 6:30 in the morning. There were other people in the house in defendant’s absence, any of whom may have placed the whisky in the pocket of the overalls. Under all of our decisions, this evidence falls far short of connecting the defendant with the possession. Pate v. State, ante, p. 73, 165 So. 783; Alford v. State, 26 Ala.App. 188, 155 So. 388.

The judgment is reversed, and the cause is remanded.

Reversed and remanded.

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Bluebook (online)

166 So. 730, 27 Ala. App. 137, 1936 Ala. App. LEXIS 63, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pruitt-v-state-alactapp-1936.

Opinion

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