Alabama Court of Appeals, 1925

Barker v. State

Barker v. State
Alabama Court of Appeals · Decided August 4, 1925 · Bricken
105 So. 922; 21 Ala. App. 659 (Southern Reporter)

Barker v. State

Opinion of the Court

BRICKEN, P. J.

We are convinced, from a reading of the testimony in this case, that the staté failed to meet the necessary burden of proof, and the defendant, under all the evidence adduced upon this trial, was entitled to an acquittal. There was no testimony to connect the defendant with the whisky found upon his premises, nor was there any evidence that he had any knowledge thereof. The following authorities are in point, and upon which the judgment of conviction is reversed: Ammons v State (Ala. App.) 101 So. 511; 2 Jones v. State, 18 Ala. App. 116, 90 So. 135; Fair v. State, 16 Ala. App. 152, 75 So. 828; Spelce v. State, 17 Ala. App. 401, 85 So. 835; Watts v. State, 19 Ala. App. 549, 98 So. 914; Wilson v. State, 20 Ala. App. 62, 100 So. 914; Watkins v. State 20 Ala. App. 246, 101 So. 334. Reversed and remanded.

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