Dutton v. State

The Court of Appeals seems to concede, in the opinion, that the trial court erred in admitting evidence that certain jugs were found on defendant’s premises, a point we do not decide, but applied the doctrine of error without injury because the ease was tried by the court without a jury.

It has been well settled by the former decisions of this court that when a ease is tried by a judge without a jury, and illegal evidence is introduced, it will require a reversal of the judgment unless the remaining evidence is without conflict and is sufficient to support the judgment. Springer v. Sullivan,…