Alabama Court of Appeals, 1927

Byrd v. State

Byrd v. State
Alabama Court of Appeals · Decided June 30, 1927 · Bricken
113 So. 480; 22 Ala. App. 147; 1927 Ala. App. LEXIS 105 (Southern Reporter)

Byrd v. State

Opinion of the Court

BRICKEN, P. J.

The evidence in this case discloses that parts of a disassembled still were found in the neighborhood of this defendant’s place of residence, and that said parts were scattered along a path that led from defendant’s home to a spring, some distance away. There was no evidence showing or tending to show any connection whatever of this appellant with the possession of these contraband articles, if contraband they were, and, in the absence of some testimony to connect the defendant with the unlawful possession, a conviction against him for such possession would be erroneous and cannot be permitted to stand. Under the whole evidence in this case, the accused was entitled to the general affirmative charge. This charge was requested and refused. Its refusal was error.

Reversed and remanded.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.