D. Merrill, Judge. Hugo Smith was convicted of violating the prohibition law, and he appeals. The sheriff of Talladega county and two revenue officers arrested Hugo. Smith and Grady Walker as they were driving along a road in a buggy and found some whisky that Grady Walker had thrown out of the buggy. Smith was not seen with any whisky, and Walker testified that he had the whisky in his pocket when Smith caught up with him and when he got into Smith’s buggy.
Cited by 6 later decisions — most recently August 1943
4 state decisions
Good law ✅— No negative treatment on recordhow we know
¶1After a careful examination of the entire record in this case, the testimony as shown by the bill of exceptions, this court is of the opinion (that the trial court erred in refusing to grant to the defendant a new trial as prayed in his motion.
¶2For this error, the judgment is reversed, and the cause is remanded.