
    (121 So. 919)
    Solomon BRADFORD v. STATE.
    (8 Div. 752.)
    Court of Appeals of Alabama.
    March 26, 1929.
    J. N. Powell, of Falkville, for appellant.
    Charlie C. McCall, Atty. Gen., for the State.
   SAMEORD, J.

In the absence of defendant and his wife, a deputy sheriff and another went to the house where defendant lived, and in a barn located about 100 yards from the house, after diligent search, they claimed to have found a small catsup bottle full of whisky buried in the cotton seed, with some fruit jars and a still worm. When arrested and told that the bottle of whisky had been found, he said: “If you did, somebody else put it there.” There is absolutely no evidence tending to prove a guilty scienter in this ease, and the defendant should have been acquitted.

The cause was tried by the court without a jury, and the judgment of conviction was error. The judgment is reversed, and the cause is remanded.

Reversed and remanded.  