McNabb v. State

The indictment in this case charged that John PI. McNabb and Adger B. Chapman did have in their possession certain named “implements and things adapted, designed, and commonly used for the commission of burglary, larceny, safe-cracking, and other crimes,” with the intent to use them in the commission of crime. McNabb alone went to trial. He was convicted and made a motion for a new trial, which was overruled, and he excepted.

The two special grounds of the motion for a new trial assign *307error on the failure of the court to charge the law on circumstantial evidence. The substance of the State’s…