Jones v. State

We agree with the Court of Appeals that the portion of the oral charge of the trial court copied in the opinion of the Court of Appeals is an erroneous statement of the law.

Merely riding in a car, knowing of the presence of five or more gallons of prohibited liquors therein, but having no connection with the liquor nor its movement in the car, is not made a felony by our statute.

Participation in the transportation, or aiding and abetting the same, is of the essence of the crime. This fact, like 'Others in criminal eases, must be proven beyond a reasonable doubt. Presence in a car with…