
    (115 So. 529)
    MASSEY v. STATE.
    (3 Div. 583.)
    Court of Appeals of Alabama.
    Jan. 10, 1928.
    Rehearing Abated, on Account of Death of Appellant, March 6, 1928.
    E. T. Graham, of Montgomery, for appellant.
    Charlie C. McCall, Atty. Gen., for the State.
    Brief did not reach the Reporter.
   SAMFORD, J.

Officers* went into defendant’s place of business and found 2 half pints of whisky sitting on the counter. The evidence made it a question for the jury to say who was in possession of the whisky. The affirmative charge was properly refused.

The fact that 15 one-half pints of whisky in similar bottles and similar whisky were found in close proximity to defendant’s place at the time the 2 one-half pints were found on defendant’s counter was admissible.

We find no error in the record and the judgment is affirmed.

Affirmed.  