Mathews v. State

On Rehearing.

SAMEORD, J.

(for the majority). The defendant is charged by affidavit with having ‘ in his possession prohibited liquors. There is evidence that there was some whisky found by the officers out in the woods covered with leaves; there is evidence that defendant was or had been in close proximity to the liquor; but there is no evidence that defendant ever had the liquor in his possession, or knew that it was hidden under the leaves at the place it was found. Harbin v. State, 210 Ala. 55, 97 So. 426.

The evidence offered is entirely circumstantial. Where, this is the case, there must…