McKinnon v. State

Appellant was convicted of the offense of violating the prohibition laws — by having whisky in his possession. The court has read the entire evidence, sitting en banc. Our consideration of same would have been rendered much less difficult had the appellant seen fit to file a motion, in the lower court, to set aside the verdict of the jury, on .the ground that same was insufficiently supported by the evidence. But, after mature deliberation, we have reached the conclusion that the general affirmative charge, duly requested, should have been given in appellant’s favor.

This court, in the' past,…