Fisher v. State

BRICKEN, Presiding Judge.

A conviction for the offense of violating the prohibition law,' Code 1923, § 4615 et seq., may be had upon circumstantial evidence, if such evidence comes within the required rule. This rule briefly stated is to the effect, that circumstantial evidence to be sufficient to justify a jury in convicting upon it, the circumstances proved must not only be consistent with the hypothesis that the accused is guilty, but inconsistent with the hypothesis that he is innocent, and inconsistent with every other rational hypothesis except that of his guilt.

Moreover, as stated, for…