State v. Foxworth

The opinion of the Court was delivered by

Mr. Justice Marion.

The defendants were convicted under “an indictment charging them with making, storing, and having in unlawful possession, intoxicating liquors.”

Their appeal to this Court presents for determination two questions, which will be considered in the order discussed by appellants’ counsel.

The first is whether his Honor, Judge Feath'erstone, erred in charging “that circumstantial evidence is just as good as positive evidnece, provided it is properly

made out.” The point that this charge constituted prejudical error, in that it was a charge…