Benton v. State

Hill, O. J.

1. The fact of guilt in this case does not depend entirely upon circumstantial evidence, and there was no error in the failure of the trial judge to instruct the jury as to the probative value of circumstantial evidence, as defined in the Penal Code (1910), § 1010. Bolt v. State, 7 Ga. App. 77 (66 S. E. 279).

2. Courts judicially know that whisky, whether made out of corn or rye, will produce intoxication when drunk to excess. In this case, however, j *423the evidence shows that the whisky bought and drunk by one of the State’s witnesses made him drunk.

Decided June 7, 1911. Accusation…