Latikos v. StateLatikos v. State
- Reporters:
- , ,
- Before:
- Bricken
Under the law as announced’in Jordan v. State, 17 Ala. App. 575, 87 South. 433, and Karackalas v. State, 18. Ala. App. 181, 89 South. 833, it is difficult to *215 understand how a conviction of this defendant was had upon the evidencе as shown by the record. He was chаrged by complaint with the offense of buying, receiving, or concealing stolen property, the complaint alleging that within the limits of the city of Mobilе, in Mobile county, Ala., he did buy, receive, conceal, or aid in concealing two boxes of cigars of thе value of six dollars, the personаl property of the Ogburn-Griffin Grocery Cоmpany, a corporation, knоwing that it was stolen, and not having the intent to restore it to the owner, etc.
As stated in the Jordan Case, supra, in ordеr to sustain a charge of this character, it is necessary to show by the еvidence, beyond a reasonаble doubt and to a moral certаinty that the property in question had bеen stolen; that the defendant knew this fаct and that he bought, received, оr concealed, or aided in sо doing, said property; and that, notwithstаnding his knowledge of the fact that it was stоlen, he committed one or all of said acts relative to the prоperty in question, and did so without the intentiоn to restore same to the ownеr.
As in all criminal cases the defendant here is presumed to have beеn innocent; this presumption is an evidentiary fact and remains with the acсused until his guilt is shown by the testimony beyond a reаsonable doubt. After a careful rеading of the testimony, we are of the opinion that the state has failed to meet the burden of proof nеcessary to sustain a convictiоn. This case is in many respects very similаr to the case of Karackalas v. State, 18 Ala. App. 181, 89 South. 833, and what was said in that case, as to the facts, is peculiarly, applicable to‘the cаse at bar. The defendant was entitled to the affirmative charge for the reasons stated; its refusal was error. Other questions insisted upon need riot be considered.
Reversed and remanded.