Dickey v. State

The court has read the entire evidence in this case, sitting in banc. We are of the opinion that appellant’s motion for a new trial should have been granted. And this on the ground of the insufficiency of the evidence to sustain the conviction. The books are full of cases in which it has been held, axiomatically, it is true, that the same rules of-evidence apply in prosecutions for violations of our prohibition statutes that apply in prosecutions for other criminal offenses. And where the evidence, as here, in a prosecution for distilling prohibited liquors, or for unlawfully being in…