Opinion
8 Div. 188.
June 25, 1935.
Appeal from County Court, Morgan County; Seybourn H. Lynne, Judge.
Defendant was convicted on a charge of unlawfully possessing whisky, and he appeals.
Powell Powell, of Hartselle, for appellant.
A. A. Carmichael, Atty. Gen., for the State.
We have read the evidence in this case, and find that the state has failed to furnish evidence of a guilty scienter on the part of defendant. Defendant's motion for a new trial should have been granted. Guin v. State, 19 Ala. App. 67, 94 So. 788.
The judgment is reversed, and the cause is remanded.
Reversed and remanded.