HUTCHESON v. STATE

Text Highlighter

Bookmark

PDF

Report a problem

Citation Codes

Equivalent Citations

citation codes

Docket Number

4 Div. 126.

Attorney(S)

A. Whaley, of Andalusia, for appellant. Defendant was entitled to the affirmative charge. Ammons v. State, 20 Ala. App. 283, 101 So. 511; Frederick v. State, 20 Ala. App. 336, 102 So. 146; Oldacre v. State, 16 Ala. App. 151, 75 So. 827; Fair v. State, 16 Ala. App. 152, 75 So. 828; Spelce v. State, 17 Ala. App. 401, 85 So. 835. Harwell G. Davis, Atty. Gen., and Thos. E. Knight, Jr., Asst. Atty. Gen., for the State. The affirmative charge was properly refused. Davis v. State, 19 Ala. App. 551, 98 So. 912; Johnson v. State, 18 Ala. App. 72, 88 So. 353; Edwards v. State, 19 Ala. App. 129, 95 So. 560.

Judges

SAMFORD, J.

Are you a practicing lawyer?

Enhance your digital presence and reach by creating a Casemine profile.

Upload pleading to use the new AI search

Click here to upload

Cites

Citation Codes

Equivalent Citations

citation codes

Docket Number

4 Div. 126.

Attorney(S)

A. Whaley, of Andalusia, for appellant. Defendant was entitled to the affirmative charge. Ammons v. State, 20 Ala. App. 283, 101 So. 511; Frederick v. State, 20 Ala. App. 336, 102 So. 146; Oldacre v. State, 16 Ala. App. 151, 75 So. 827; Fair v. State, 16 Ala. App. 152, 75 So. 828; Spelce v. State, 17 Ala. App. 401, 85 So. 835. Harwell G. Davis, Atty. Gen., and Thos. E. Knight, Jr., Asst. Atty. Gen., for the State. The affirmative charge was properly refused. Davis v. State, 19 Ala. App. 551, 98 So. 912; Johnson v. State, 18 Ala. App. 72, 88 So. 353; Edwards v. State, 19 Ala. App. 129, 95 So. 560.

Judges

SAMFORD, J.

See more information ...

Smart Summary

Please sign up to generate summary.

HUTCHESON v. STATE.

SAMFORD, J.

Defendant was indicted and tried jointly with his wife on a charge of possessing less than a quart of whisky. Both were convicted, but only this defendant appeals. There was no sufficient evidence to connect this appellant with the possession of the bottle of whisky found in the actual possession of the codefendant. This appellant was not even present, and is not shown to have known of the existence of the whisky. This appellant was entitled to the general charge. Oldacre v. State, 16 Ala. App. 151, 75 So. 827; Ammons v. State, 20 Ala. App. 283, 101 So. 511; Strickland v. State, 20 Ala. App. 600, 104 So. 351.

For the error pointed out, the judgment is reversed, and the cause remanded.

Reversed and remanded.

Use AI to get other relevant cases.

Try AI Pro free for 7 days Upgrade to AI Pro

HUTCHESON v. STATE.

Comments