(129 So. 308)
PEEBLES v. STATE.
8 Div. 44.
Court of Appeals of Alabama,
June 24, 1930.
John E. MeEachin, of Huntsville, for appellant.
Charlie C. McCall, Atty. Gen., for the State.
[MAJORITY — SAMFORD, J.]
SAMFORD, J.
The positive undisputed evidence is to the effect that this defendant did not transport any whisky. A suspicion that he may have had something to do with the transportation is not sufficient to sustain a conviction. The defendant was entitled to the general charge, and in refusing this the court committed reversible error.
The judgment is reversed, and the cause is remanded.
Reversed and remanded.