Opinion
7 Div. 358.
March 20, 1928.
Appeal from Circuit Court, Clay County; E. S. Lyman, Judge.
Herman Milam was convicted of unlawfully possessing a still, and he appeals.
Reversed and remanded.
C. W. McKay, of Ashland, for appellant.
The evidence was insufficient to show possession of the still by defendant, and the affirmative charge should have been given as requested. Martin v. State, 21 Ala. App. 170, 106 So. 207; Gardner v. State, 21 Ala. App. 208, 106 So. 894. Evidence leading only to a strong suspicion of a still is insufficient to support a conviction. Burnett v. State, 21 Ala. App. 274, 107 So. 321.
Charlie C. McCall, Atty. Gen., for the State.
Brief did not reach the Reporter.
Appellant was convicted of the offense of unlawfully being in possession of a still, etc., to be used for the purpose of manufacturing prohibited liquors, etc. The court, sitting en banc, has read the entire record, and we find no evidence tending to connect appellant with the possession of the still, which was found some distance from his home. Mere suspicion, however strong, will not take the place of legal evidence. For the error in refusing to give, at appellant's request, the general affirmative charge in his favor, the judgment is reversed, and the cause remanded.
Reversed and remanded.