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21 Ala. App. 174

106 So 206

Hutcheson v. State

Alabama Court of Appeals

Decided November 17, 1925

Alabama Court of Appeals · decided 1925-11-17

Relies on 20 Ala. App. 283 - Ammons v. State · 16 Ala. App. 151 - Oldacre v. State · 20 Ala. App. 600 - Strickland v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1925-11-17

How this case has been cited

Cited by 7 later decisions — most recently June 1940

7 state decisions

40192519301940decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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SAMFORD, J.

¶1 Defendant was indicted and tried jointly with his wife on a charge of possessing less than a quart of whisky. Both were convicted, but only this defendant appeals. There was no sufficient evidence to connect this appellant with the possession of the bottle of whisky found in the actual possession of the codefendant. This appellant was not even present, and is not shown to have known of the existence of the whisky. This appellant was entitled to the general charge. Oldacre v. State, 16 Ala. App. 151, 75 So. 827; Ammons v. State, 20 Ala. App. 283, 101 So. 511; Strickland v. State, 20 Ala. App. 600, 104 So. 351.

¶2 For the error pointed out, the judgment is reversed, and the cause remanded.

¶3 Reversed and remanded.

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