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10 Ala. App. 168

Cravey v. State

Alabama Court of Appeals

Decided February 3, 1914

Alabama Court of Appeals · decided 1914-02-03

Heard before Hon. A. H. Alston. Will Cravey was convicted of violating the prohibition laws and he appeals. The state having failed to connect the defendant with the beer, and having failed to show that the defendant had any connection with or control over the building in which it was found, the court erred in permitting the sheriff to testify that he found beer there, and in what quantities. Patterson v. The State, 62 South. 1023.

Reversed and remanded · Decided 1914-02-03

WALKER, P. J.

¶1The court was in error in admitting, over the defendant’s objections, evidence as to the finding by the sheriff of some beer in an old building situated across the street from the defendant’s place of business, and with which and the contents of it the defendant was not shown to have had any connection in any way, the uncontroverted evidence in the case showing the absence of any such connection. There was no evidence connecting the defendant with the placing or keeping of the beer found in that place. The mere fact of its being kept there could have no legitimate tendency to prove anything for or against the defendant.

¶2Reversed and remanded.

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