Opinion
5 Div. 839.
December 15, 1931.
Appeal from Circuit Court, Elmore County; George F. Smoot, Judge.
Cleve Harris was convicted on a charge of unlawfully possessing a still and he appeals.
Reversed and remanded.
J. W. Bateman, of Wetumpka, for appellant.
Thos. E. Knight, Jr., Atty. Gen., for the State.
The evidence for the state tends to prove that the defendant was present at a whisky still at a time when it was raided by the officers and nothing more. There is no evidence connecting this defendant with this still or its operation. The defendant was entitled to the affirmative charge. Smith v. State, 22 Ala. App. 478. 117 So. 3.
The judgment is reversed, and the cause is remanded.