Cummings v. State

RICE, Justice.

Appellants, tried jointly, were convicted of the offense of transporting prohibited liquor (whisky) in a quantity of five gallons or more. Gen. Acts 1927, p. 704.

The testimony, without dispute, showed that the appellants and a third party, who was killed by the pursuing officer, were caught on a public road in a car that contained fifteen gallons of whisky.

Neither of the appellants, it is true, was driving the car; but the circumstances disclosed by the evidence made the guilt, vel non, of each of them a question for the jury’s decision. See Dotson v. State, 24 Ala. App. 216,…