Reliford v. State
Reliford v. State
Opinion of the Court
Appellant was convicted for the unlawful possession of prohibited liquors. Appellant’s sole insistence in brief is that the evidence was insufficient to sustain the conviction.
The State’s testimony tends to show that on a morning in September, 1951, officers raided the farm where defendant was living with his wife and children. The search
Defendant testified he was 40 years old and the father of five children. When the officers came to his place he was building a shed at the barn. Defendant’s wife owned the farm. He had been living on the place with his family for two years and had never been in that part of the pasture where the whiskey was found. The officers asked him if he knew anything about the whiskey and he told them he did not. He stated there were ten brand new five-gallon jugs in sealed pasteboard boxes in his smokehouse. These were to be used to put syrup in. He had something like an acre in syrup cane.
Several character witnesses testified as to defendant’s general good character and his good reputation for truth and veracity.
In considering the court’s ruling on the motion to exclude the evidence we are required to take the evidence in its most favorable light for the prosecution. Jones v. State, 33 Ala.App. 451, 34 So.2d 483; Womack v. State, 34 Ala.App. 487, 41 So.2d 429.
It is also a legal truism that when the evidence affords inference adverse to the accused the question is one for the determination of the jury. Emerson v. State, 30 Ala.App. 89, 1 So.2d 604; Hargrove v. State, 147 Ala. 97, 41 So. 972.
We are of the opinion the evidence submitted affords inference of defendant’s guilt and that it was sufficient, if believed by the jury beyond a reasonable doubt, to sustain the judgment of conviction. Therefore, there was no error in denying the motion to exclude the evidence nor in overruling the motion for a new trial.
No reversible error appearing in the record, the judgment of the trial court is ordered affirmed.
Affirmed.
Reference
- Full Case Name
- Lewis Reliford v. State.
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- 2 cases
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- Published