From Casetext: Smarter Legal Research

Riley v. State

Court of Appeals of Alabama
Feb 16, 1937
172 So. 680 (Ala. Crim. App. 1937)


8 Div. 402.

February 16, 1937.

Appeal from Law and Equity Court, Lauderdale County; Robt. M. Hill, Judge.

Wiley Riley was convicted of illegally possessing prohibited liquor, and he appeals. Affirmed.

Bradshaw Barnett, of Florence, for appellant.

A. A. Carmichael, Atty. Gen., and John J. Haynes, Asst. Atty. Gen., for the State.

At the time of the arrest and at the time and place where and when the liquor was found, the State was allowed to prove over objections and exceptions that defendant made two voluntary statements: (1) "Anybody can find it, if they were told where it was at," and (2) "Fellows have good days and bad days." Aside from a consideration of whether these were inculpatory statements, they were a part of the res gestæ and for that reason were admissible. Moreover, under the facts and circumstances surrounding the finding of the liquor in this case, these statements tended to prove that this defendant had a guilty scienter of the liquor and its hiding place.

The evidence was sufficient to sustain the verdict and the judgment is affirmed.


Summaries of

Riley v. State

Court of Appeals of Alabama
Feb 16, 1937
172 So. 680 (Ala. Crim. App. 1937)
Case details for

Riley v. State

Case Details

Full title:RILEY v. STATE

Court:Court of Appeals of Alabama

Date published: Feb 16, 1937


172 So. 680 (Ala. Crim. App. 1937)
27 Ala. App. 376

Citing Cases

Tillison v. State

It is the contention of defendant that the statements alleged to have been made by him, as set out in the…

State v. Carter

Moreover, appellant's confession being made at the time of his arrest and at the place where and when the…