Shaneyfelt v. State

SIMPSON, Justice.

We granted the writ in order to rationalize a distinction between the instant case and the case of Fitts v. State, 24 Ala.App. 405, 135 So. 654, 655, wherein is the holding:

“Merely riding in a car, knowing of the presence of five gallons or more of prohibited liquors therein, but having no connection with the liquor or its movement in the car, is not made a felony by our statute. There must be a participation in the act of transportation, or an aiding or abetting therein, all of which must be proven beyond a reasonable doubt. While a presence *521in the car with a knowledge of…