Opinion
8 Div. 44.
June 24, 1930.
Appeal from Circuit Court, Madison County; Paul Speake, Judge.
Hugh, alias High, Peebles was convicted of transporting prohibited liquor in quantities of five gallons or more, and he appeals.
Reversed and remanded.
John E. McEachin, of Huntsville, for appellant.
Charlie C. McCall, Atty. Gen., for the State.
No briefs reached the Reporter.
The positive undisputed evidence is to the effect that this defendant did not transport any whisky. A suspicion that he may have had something to do with the transportation is not sufficient to sustain a conviction. The defendant was entitled to the general charge, and in refusing this the court committed reversible error.
The judgment is reversed, and the cause is remanded.
Reversed and remanded.