150 S.E. 682 | S.C. | 1929
December 2, 1929. The opinion of the Court was delivered by This is an appeal from a sentence of six months imposed upon defendant-appellant by County Court for Greenville county after trial and conviction by jury in said Court on June 24, 1929, on third and fourth counts of indictment charging him with violation of prohibition law; that is, having in possession and transporting whisky.
Exception 2 is because County Court erred in refusing new trial made on ground that there was no evidence to connect defendant with charge as written in indictment.
There is nothing in the evidence to show Fowler had any connection with the whisky in the way of ownership or transportation. Fowler very frankly admits that car was his, but *178 it was not incumbent upon him to make a statement about the liquor. He was arrested because he stated car was his.
In State v. Twiggs,
In State v. Atterberry,
In State v. Owens,
In State v. Smith,
The facts and circumstances here were not such as in reason ought to have conveyed knowledge to the mind of Fowler, and knowledge may not be imputed to him, as was true in the Twiggs case, supra.
This exception is sustained. It is not necessary to consider other exceptions.
Judgment reversed.
MESSRS. JUSTICES COTHRAN and BLEASE concur.
MESSRS. JUSTICES STABLER and CARTER concur in result. *179