Mitchell v. State
Alabama Court of Appeals
Appeal from Circuit Court, Dallas County ; B. M. Miller, Judge. Jim Mitchell was convicted of distilling prohibited liquor, and he appeals. The defendant was entitled to a-directed verdict. 65 South. 683; 90 Ala. 630, 8 South. 383, 24 Am. St. Rep. 850; 16 Ala. App. 152, '75 South. 828.
1Opinion of the CourtSamford, J.
[1] We have examined carefully the evidence in this case, and, while we do not say there is not a “scintilla” of evidence connecting the defendant with the crime charged, we are clearly of the opinion that the evidence is not sufficient to discharge the burden necessary to overcome the presumption of innocence. The mere fact that a small distilling outfit is set up in a wood 150 or 200 yards from defendant’s house, on land not in possession or under the control of defendant, and that one of the paths leading from the place went in the direction of defendant’s house, is a circumstance, and to…
2Cases cited1 opinion
- Ex Parte Mobile Light R. Co.Supreme Court of Alabama · 1918
3Cited by14 opinions
- Hudson v. StateSupreme Court of Alabama · 1947
- Garsed v. StateCourt of Criminal Appeals of Alabama · 1973
- State v. GlasburnOregon Supreme Court · 1925
- Thomas v. StateAlabama Court of Appeals · 1923
- Hill v. StateAlabama Court of Appeals · 1923
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