Opinion
4 Div. 709.
November 25, 1930.
Appeal from Circuit Court, Coffee County; W. L. Parks, Judge.
J. C. Fleming, of Elba, for appellant.
Charlie C. McCall, Atty. Gen., for the State.
The evidence in this case has been read by the court sitting en banc, and in it there is to be found no sufficient evidence connecting this defendant with the possession of the prohibited liquor. A constructive possession is not sufficient; there must be coupled with such possession evidence tending to prove a guilty scienter. Huckabaa v. State, 23 Ala. App. 333, 125 So. 202.
The judgment is reversed, and the cause is remanded.
Reversed and remanded.