Pate v. State

JOHNSON, Judge.

The appellant, Dewey Pate, was tried jointly with Charles Burgess in the Circuit Court of DeKalb County, Alabama, without a jury, for the offense of having in his possession “illegally prohibited liquors contrary to law”. Burgess was acquitted but appellant was convicted and from such conviction he maintains this appeal.

A general summary of the facts is as follows:

Pate was riding in his automobile which was being driven by Burgess on Interstate Highway No. 59 when they were stopped by the Sheriff and a Deputy Sheriff of DeKalb County. There was no search made at this time. At a…