Duty v. Commonwealth

Sims, J.,

after making the foregoing statement, delivered the following opinion of the court:

There are only three questions presented for our decision by the assignments of error, which will be disposed of in their order as stated below.

1. Was there sufficient evidence to support the . verdict in finding that the accused operated or assisted in the operation of the still?

*763This question must be answered in the affirmative.

The evidence upon the subject under consideration is wholly circumstantial, it is true. The officers testified that they did not recognize the accused as one of the persons…