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Eldridge v. State

Court of Appeals of Alabama
Jun 30, 1931
135 So. 646 (Ala. Crim. App. 1931)

Opinion

8 Div. 317.

June 30, 1931.

Appeal from Circuit Court, Madison County; Paul Speake, Judge.

Jim Eldridge was convicted of violating the prohibition law, and he appeals.

Reversed and remanded.

Thos. E. Knight, Jr., Atty. Gen., for the State.


The cause was tried by the court without a jury, and the judgment is assigned as error. The evidence tends to show that a five-gallon jug of whisky was found on defendant's place, out in the field about two hundred yards from his house in a pile of cotton-seed hulls. The pile of cotton-seed hulls was near the road. The ground was covered with snow, and there were some human tracks leading from defendant's house to the pile of cotton-seed hulls and back to the house. The defendant was not at home when the officers found the whisky and had not been there that day. No evidence tending to prove that the tracks were made by defendant appears, and nothing tending to connect defendant with the possession of the whisky further than that it was on his place. This is not sufficient to convict. Ammons v. State, 20 Ala. App. 283, 101 So. 511; Fair v. State, 16 Ala. App. 152, 75 So. 828.

The judgment is reversed, and the cause is remanded.

Reversed and remanded.


Summaries of

Eldridge v. State

Court of Appeals of Alabama
Jun 30, 1931
135 So. 646 (Ala. Crim. App. 1931)
Case details for

Eldridge v. State

Case Details

Full title:ELDRIDGE v. STATE

Court:Court of Appeals of Alabama

Date published: Jun 30, 1931

Citations

135 So. 646 (Ala. Crim. App. 1931)
24 Ala. App. 395

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