BURROUGHS v. STATE

(139 So. 115) BURROUGHS v. STATE. 5 Div. 853. Court of Appeals of Alabama. Jan. 12, 1932. H. T. Burns, of Wedowee, for appellant. Thos. E. Knight, Jr., Atty. Gen., for the State. [MAJORITY — SAMFORD, J.] SAMFORD, J. The evidence in this record has been read and considered en bane. We have been unable to find any evidence which would warrant a verdict connecting this defendant with the criminal possession of the whisky found on his premises. As has been pointed out many times by this court, a constructive possession alone is not sufficient to justify a conviction. There must, in addition to such possession, be a guilty scienter. In line with numerous decisions of this court, we hold -that the defendant was entitled to the general charge. The judgment is reversed, and the cause is remanded. Reversed and remanded.