Grider v. State

Decided February 3, 1914

Alabama Court of Appeals · decided 1914-02-03

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

Reversed and remanded · Decided 1914-02-03

PELHAM, J.

¶1The court was in error admitting evidence of beer having been found in a building with *171which the defendant was not shown to have had any connection, and in refusing to instruct the jury at the written request of the defendant that it could not consider this testimony if they believed the defendant had no connection with the said building in which the beer was found. See the case of Will Cravey v. State, infra, 64 South. 756, decided by this court at the present term. For the errors pointed out, the judgment of the lower court must be reversed.

¶2Reversed and remanded.