State v. Smith

Tbe chief question presented by tbe assignments of error is whether the trial judge erred in overruling the motion of the appellant for a compulsory nonsuit.

There was no direct evidence at the trial tending to connect Smith with the crimes alleged. The State undertook to establish complicity on his part by these circumstances:

• Wattlington, a participant in the crimes alleged, was accustomed to put paper bags containing lottery tickets behind a road sign and a sapling standing beside a public road in a rural district. At an early hour of the morning, Smith stopped his automobile at a point on…