Legal Opinion

Green v. State

Alabama Court of Appeals

Decided March 21, 1944No. 8 Div. 371PublishedCited by 2 opinions

1Opinion of the Court

SIMPSON, Judge.

A charge of illegally possessing prohibited liquors can be sustained by circumstantial evidence just as any other material fact in a criminal charge (Walker v. State, 19 Ala.App. 20, 95 So. 205) and if, from the facts and circumstances surrounding the constructive possession of the liquor, there arises a substantial inference against the innocence of the defendant, the court’s conclusion of guilt will not be revised. Kirtland v. State, 27 Ala.App. 376, 172 So. 680, 681.

This statement of the law controls the present appeal. The whiskey the of ficers found was in the appellant’s…

2Cases cited2 opinions

  1. Walker v. StateAlabama Court of Appeals · 1922
  2. Kirtland v. StateAlabama Court of Appeals · 1937

3Cited by2 opinions

  1. Roughton v. StateAlabama Court of Appeals · 1954
  2. Hubbert v. StateAlabama Court of Appeals · 1961

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