199 So. 255 | Ala. Ct. App. | 1940
The appellant was convicted in the Circuit Court of Hale (a dry) County of the possession, contrary to law, of prohibited whiskey. Trial was before the court without a jury.
The uncontroverted evidence for the State that the defendant ran from the officer and threw from his pockets two pint bottles of "whiskey", one of them a "Green River bottle", that the witness (the officer) knew it was whiskey, could tell it from the "smell", was sufficient proof of the illegal character of the contents of the bottles. Code 1923, Sec. 4650; Posey v. State, Ala. App.,
The fact that the defendant pleaded guilty to the charge before the County Court was admissible as being in the nature of a judicial confession. Angling v. State,
While according due consideration to the argument of appellant's counsel, we must hold that the record fails to disclose reversible error.
Affirmed.