Opinion
8 Div. 371.
March 21, 1944. Rehearing Denied April 4, 1944.
Appeal from Law and Equity Court, Lauderdale County; Raymond Murphy, Judge.
Mary Green was convicted of unlawfully possessing prohibited liquor, and she appeals.
Affirmed.
F.S. Parnell, of Florence, for appellant.
Wm. N. McQueen, Acting Atty. Gen., and John O. Harris, Asst. Atty. Gen., for the State.
A charge of illegally possessing prohibited liquors can be sustained by circumstantial evidence just as any other material fact in establishing a criminal charge. Kirtland v. State, 27 Ala. App. 376, 172 So. 680; Walker v. State, 19 Ala. App. 20, 95 So. 205. Guilty knowledge or possession of prohibited liquors found in defendant's place of business or house when defendant was present could be inferred from facts and circumstances surrounding constructive possession. Authorities supra.
A charge of illegally possessing prohibited liquors can be sustained by circumstantial evidence just as any other material fact in a criminal charge (Walker v. State, 19 Ala. App. 20, 95 So. 205) and if, from the facts and circumstances surrounding the constructive possession of the liquor, there arises a substantial inference against the innocence of the defendant, the court's conclusion of guilt will not be revised. Kirtland v. State, 27 Ala. App. 376, 172 So. 680, 681.
This statement of the law controls the present appeal. The whiskey the officers found was in the appellant's home, in plain view and near where she was sitting. When the officers knocked on the door, she started making her exit to the kitchen.
As was said in the Kirtland case, supra: "From the facts and circumstances surrounding the constructive possession of the prohibited liquors, the court was authorized to infer that the defendant had a guilty knowledge of such possession."
No error is made to appear.
Affirmed.