Roberts v. State

137 So. 2d 59, 41 Ala. App. 505
CourtAlabama Court of Appeals
DecidedJanuary 23, 1962
Docket4 Div. 454
StatusPublished
Cited by1 cases

This text of 137 So. 2d 59 (Roberts 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
Roberts v. State, 137 So. 2d 59, 41 Ala. App. 505 (Ala. Ct. App. 1962).

Opinion

PRICE, Judge.

This appellant has been convicted under .an indictment charging the transportation of prohibited liquors or beverages in quantities of five gallons or more, an offense denounced by Section 187, Title 29, Code of Alabama 1940.

This cause must be reversed because of the insufficiency of the evidence tending to show the quantity of the alleged whiskey being transported was five gallons or more. Rungan v. State, 25 Ala.App. 287, 145 So. 171, and because the testimony that the liquor in the container was whiskey was the statement of a mere conclusion on the part of the witnesses. Blevins v. State, 29 Ala.App. 218, 194 So. 697.

Reversed and remanded.

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Related

Blackwell v. State
160 So. 2d 493 (Alabama Court of Appeals, 1964)

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Bluebook (online)
137 So. 2d 59, 41 Ala. App. 505, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberts-v-state-alactapp-1962.