Riley v. State

Alabama Court of Appeals

Decided February 2, 1932

Alabama Court of Appeals · decided 1932-02-02

Relies on 20 Ala. App. 283 - Ammons v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1932-02-02

How this case has been cited

Cited by 9 later decisions — most recently February 1954

9 state decisions

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 convicted on a charge of unlawfully possessing two jugs of whisky, and he appeals.

¶2 The evidence for the state has been read and considered. We find no sufficient evidence to connect the defendant with the possession of the whisky charged in the indictment. It is' manifest that this conviction was predicated upon suspicion, conjecture, or surmise. As has been many times held, this is not sufficient to sustain a conviction for crime. Ammons v. State, 20 Ala. App. 283, 101 So. 511; Shepard’s Ann., Vol. XVI, No. 2, p. 115, Subdiv. 283.

¶3 The motion for new trial should have been granted, and for the error in refusing this motion the judgment is reversed, and the cause is remanded.

¶4 Other questions need not be decided.

¶5 Reversed and remanded.