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SHANEYFELT v. STATE

7 Div. 403.

109 So.2d 149 (1959)

Olen SHANEYFELT v. STATE of Alabama.

Supreme Court of Alabama.

February 12, 1959.

Attorney(s) appearing for the Case

Rowan S. Bone and Arthur Burns, Gadsden, for petitioner.

John Patterson, Atty. Gen., and Paul T. Gish, Jr., Asst. Atty. Gen., opposed.

SIMPSON, Justice.

We granted the writ in order to rationalize a distinction between the instant case and the case of Fitts v. State, 24 Ala.App. 405, 135 So. 654, 655, wherein is the holding:

"Merely riding in a car, knowing of the presence of five gallons or more of prohibited liquors therein, but having no connection with the liquor or its movement in the car, is not made a felony by our statute. There must be a participation in the act of transportation...

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