West v. State

SAMFORD, Judge.

There is no evidence in this record that this defendant actually engaged in the manufacture of whisky. The state’s case rests in inferences to be drawn by the jury from facts from which it might be inferred that defendant aided and abetted others in the commission of the crime. In other words, the case made by the state is purely circumstantial. Where this is the case, the question of guilt rests with the jury, and the giving of the general affirmative charge requested by the state is error.

Under our Code 1923, § 3196, the distinction of accessory before the fact and a…