Tuggle v. State

Alabama Court of Appeals

Tuggle v. State

112 So. 540, 22 Ala. App. 89, 1927 Ala. App. LEXIS 58

CourtAlabama Court of Appeals

DecidedApril 19, 1927

Docket8 Div. 559.

StatusPublished

Cited by15 cases

This text of 112 So. 540 (Tuggle 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

Tuggle v. State, 112 So. 540, 22 Ala. App. 89, 1927 Ala. App. LEXIS 58 (Ala. Ct. App. 1927).

Pincite

Opinion

SAMFORD, J.

The trial was had before the judge sitting without a jury. The evidence discloses a five-gallon jug of whisky on lands of defendant, in the woods, and in a *90 hole where an old stump had been, with some leaves over it. The point where the jug was found was variously estimated from 150 yards to one-fourth of a mile from defendant’s house. The nearest the defendant was ever shown to have been to the place where the whisky was found 'was in a cultivated field in which he worked, the edge of which was about 50 yards from where the whisky was found. About 150 or 200 yards from where the whisky was found, there were about 100 empty bottles belonging to defendant. These were ordinary beer bottles, with nothing to indicate a connection with the whisky, but the bottles were claimed by defendant and were in the edge of defendant’s field. There being no connection shown between the bottles found and the whisky, the bottles were' not a part of the res gestae and evidence relating to them was illegal and irrelevant.

Human liberty is too sacred and has been too dearly bought to authorize a conviction, except upon legal evidence connecting the defendant with the commission of a crime, and that beyond a reasonable doubt. Facts which would warrant a suspicion, however strong, do not overcome the presumption of innocence. The defendant should have been acquitted. Frederick v. State, 20 Ala. App. 336, 102 So. 146; Ammons v. State, 20 Ala. App. 283, 101 So. 511; Bush v. State, 20 Ala. App. 486, 103 So. 91; Johnson v. State, 20 Ala. App. 598, 104 So. 352.

The judgment is reversed and the cause is remanded.

Reversed and remanded.

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

SAMFORD, J.

The trial was had before the judge sitting without a jury. The evidence discloses a five-gallon jug of whisky on lands of defendant, in the woods, and in a *90 hole where an old stump had been, with some leaves over it. The point where the jug was found was variously estimated from 150 yards to one-fourth of a mile from defendant’s house. The nearest the defendant was ever shown to have been to the place where the whisky was found 'was in a cultivated field in which he worked, the edge of which was about 50 yards from where the whisky was found. About 150 or 200 yards from where the whisky was found, there were about 100 empty bottles belonging to defendant. These were ordinary beer bottles, with nothing to indicate a connection with the whisky, but the bottles were claimed by defendant and were in the edge of defendant’s field. There being no connection shown between the bottles found and the whisky, the bottles were' not a part of the res gestae and evidence relating to them was illegal and irrelevant.

Human liberty is too sacred and has been too dearly bought to authorize a conviction, except upon legal evidence connecting the defendant with the commission of a crime, and that beyond a reasonable doubt. Facts which would warrant a suspicion, however strong, do not overcome the presumption of innocence. The defendant should have been acquitted. Frederick v. State, 20 Ala. App. 336, 102 So. 146; Ammons v. State, 20 Ala. App. 283, 101 So. 511; Bush v. State, 20 Ala. App. 486, 103 So. 91; Johnson v. State, 20 Ala. App. 598, 104 So. 352.

The judgment is reversed and the cause is remanded.

Reversed and remanded.

Cite This Page — Counsel Stack

Bluebook (online)

112 So. 540, 22 Ala. App. 89, 1927 Ala. App. LEXIS 58, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tuggle-v-state-alactapp-1927.

Opinion

Related

Cite This Page — Counsel Stack