199 So. 749 | Ala. Ct. App. | 1941
Five or six officers of the law searched appellant's premises. One of same found a point bottle of rum — described by one of the officers as "punkin (sic) rum."
The finding of the sum was described by the Sheriff (who found it) as follows: "I found it at the back porch; I stepped from the well east; it was covered up; the well is three or four steps from his back porch; I don't know how far this liquor was from his back porch when I found it; coming right off the back porch right due south three or four steps of the well and then the whiskey, I found that about one good step of well, and then across there is about four or five steps; I would say about four steps from the liquor to the porch."
It was without dispute that "the yard back there (where the 'punkin (sic) rum' was found) is not enclosed all the way; there's not a fence right at the well and people could come in from the road in passing by and get water at any time they wanted to; people could come in there." And also that "there are neighbors that come there and get water; they come there often because they haven't any well and come there and get water."
Likewise without dispute was appellant's testimony that "no one lived there at that house except myself and family of seven and my brother-in-law who was staying with me when the liquor was found."
There was testimony, likewise undisputed, that one of the officers found in the "smoke house on appellant's premises," on this same occasion, "some eight or ten bottles and five or six gallon jugs" — all empty — probably some of the bottles of the "same kind," i. e. as the bottle containing the "punkin (sic) rum."
That is all.
Probably we can do no better than borrow, and use again, here, Judge Bricken's language, uttered for this Court in the opinion in the case of Scott v. City of Troy,
The judgment is reversed and the cause remanded.
Reversed and remanded.