Gilley v. State

The defendant was tried and convicted of possessing intoxicating liquors which did not bear the tax stamp provided by law. His motion for new trial, based solely on the,general grounds was denied and he excepted.

1. The evidence upon which the verdict was based is entirely circumstantial and insufficient to exclude every other reasonable hypothesis save that of the defendant’s guilt, and the trial court consequently erred in denying the motion for new trial. While the whisky was found within about 300 yards of the defendant’s house, it was not found on his property, or on property over which…