Smith v. State

Grady Jewell Smith was convicted in a trial before a jury in the county court of Payne county of the charge of selling intoxicating liquor, with punishment fixed at a fine of $50, and 30 days in the county jail. The case is here on appeal.

Por reversal counsel urges two propositions:

“(1) That the evidence is insufficient to support the verdict of the jury and judgment of the trial court.

“(2) That the court erred in not instructing the jury upon the question of circumstantial evidence.”

Reviewing the evidence we find that Mrs. Clara Whitaker testified for the state that she lived in the rural…