
    17056, 17057.
    Young v. The State (two cases.)
    Intoxicating Liquors, 33 C. J. p. 759, n. 98; p. 761, n. 53.
    Decided March 2, 1926.
    Accusations of violation of prohibition law; from city court of Springfield. November 9, 1925.
   Bloodworth, J.

In neither of these cases is there any evidence to support the verdict, and the judgment in each case is

Reversed.

Broyles, O. J., and Luke, J., eoneur.

On the same evidence, Young was convicted of possessing intoxicating liquor and of transporting such liquor. It was testified that in the defendant’s car three gallons of liquor were found in a closed suitcase claimed by John Gaines, who was riding in the car with the defendant and with several others; that the defendant was “about drunk,” that his breath smelt of liquor, and that an empty half-pint flask, which had contained liquor, was in the bottom of the car in front, where he was sitting; that Gaines had a half-pint flask of liquor in his pocket, and his sister, who was in the car, had two half-pints in her stockings; that Gaines and his sister pleaded guilty to having liquor in their possession, and that the defendant neither admitted nor denied that any of the liquor belonged to him. Gaines testified that the defendant did not know that they had the liquor, and that the defendant was not drunk. It was testified that Gaines and his sister got off a train and were walking-in the road, and the defendant came along in the ear and, at their request, picked them up. The defendant, in his statement at the trial, said that none of the liquor belonged to him, that he did not know, until the sheriff came and opened the suitcase, that there was any liquor in it, and that he did not drink any liquor on the trip.

G. T. Guyton, for plaintiff in error.  