State v. . Penry

An examination of the evidence upon which the State relied for conviction leads us to the conclusion that the defendant’s motion for judgment of nonsuit, interposed at the close of the State’s evidence, should have been allowed.

The testimony offered by the State tended to show that upon a search of defendant’s house no intoxicating liquor was discovered. Only the smell of liquor remained in some empty jars. In a field some 200 yards from defendant’s home and on land belonging to another were found fifty-two pints of whiskey concealed. There were a number of houses near this spot, several of…