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Pruitt v. State

Court of Appeals of Alabama
Mar 17, 1936
166 So. 730 (Ala. Crim. App. 1936)

Opinion

8 Div. 267.

March 17, 1936.

Appeal from Law and Equity Court, Franklin County; W. H. Quillin, Judge.

Hugh Pruitt was convicted of unlawfully possessing prohibited liquor, and he appeals.

Reversed and remanded.

A. A. Carmichael, Atty. Gen., for the State.


The sheriff and his chief deputy searched the house of defendant in his absence and found in a bedroom, in the pocket of a pair of overalls hanging near the bed, about three-fourths of a "short pint" of whisky. The defendant had not been at home since 6:30 in the morning. There were other people in the house in defendant's absence, any of whom may have placed the whisky in the pocket of the overalls. Under all of our decisions, this evidence falls far short of connecting the defendant with the possession. Pate v. State, ante, p. 73, 165 So. 783; Alford v. State, 26 Ala. App. 188, 155 So. 388.

The judgment is reversed, and the cause is remanded.

Reversed and remanded.


Summaries of

Pruitt v. State

Court of Appeals of Alabama
Mar 17, 1936
166 So. 730 (Ala. Crim. App. 1936)
Case details for

Pruitt v. State

Case Details

Full title:PRUITT v. STATE

Court:Court of Appeals of Alabama

Date published: Mar 17, 1936

Citations

166 So. 730 (Ala. Crim. App. 1936)
27 Ala. App. 137

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In many cases where whiskey was found on the premises of the accused the appellate courts have concluded that…