Weehunt v. State

The evidence in this case being wholly circumstantial, it is insufficient to sustain the verdict.

DECIDED NOVEMBER 5, 1949.

Bert Weehunt was convicted of possessing non-tax-paid whisky. He filed a motion for a new trial, which was overruled. On this judgment he assigns error here.

Substantially, the evidence for the State reveals: Sam Holcombe testified that he was a revenue officer and in his official capacity on February 20, 1947, with a search warrant for the defendant's premises, went to the defendant's home. He was accompanied by several other officers. Across the public road in front of…