Snodgrass v. State

SIMPSON, Judge.

Appellant was convicted for the unlawful possession of about one half pint of whiskey. Upon the conclusion of the evidence taken for the State, he moved to exclude the same and requested his discharge on account of the insufficiency thereof to sustain the charge. This motion was overruled by the court, as was his motion for a new trial which was thereafter seasonably and properly presented. Exception to the court’s ruling was duly reserved.

Constructive possession alone is not sufficient to justify a conviction of the offense charged. Burroughs v. State, 24 Ala.App. 579, 139 So.…