14 Ala. App. 62
Decided January 20, 1916
Alabama Court of Appeals · decided 1916-01-20
John Johnson was convicted of violating the prohibition law, and he appeals. The evidence for the state tended to show: That just before Christmas the witness Roden met defendant in the road and asked him if he did not have some whisky. The defendant replied, “No.” That the witness saw the whisky in Johnson’s buggy, took the package out, wrapped in thin wrapping paper as used in stores, and pitched $1 in defendant’s buggy.
Reversed and remanded · Decided 1916-01-20
¶1A careful reading of the evidence set out in the bill of exceptions does not seem to the members of the court to show sufficient facts affording an inference of guilt of any crime charged against the defendant in the complaint, or affidavit, upon which he was tried, upon which to base, or justify, a finding and judgment of conviction.
¶2It follows that the judgment of conviction, from which the appeal is prosecuted, must be reversed, and the cause remanded.
¶3Reversed and remanded.