Hannah v. State

The trial of this case in the court below involved a question of fact only, to wit, was this appellant in possession of the contraband still at which he and a companion, one Carrol Sharp, were arrested by the sheriff and other officers?

The corpus delicti was sufficiently proven by the undisputed evidence as to the charge of possession contained in the second count of the indictment. There was no evidence to sustain count 1, and the court properly so held by charging the jury that no conviction could be had on count 1; this, upon the written request of the defendant.

We gather from the evidence…