State v. Husong

The opinion of the court was delivered by

West, J.:

The defendants, appeal from a conviction of having liquor in their possession, and maintaining a nuisance in an automobile, the sole ground of the appeal being that the jury were instructed:

“That where a conviction for a criminal offense is sought upon circumstantial evidence aloné the state must not only show by a preponderance of evidence that the alleged facts and circumstances are true, but they must be such facts and circumstances as are absolutely incompatible upon any reasonable hypothesis with the innocence of the accused and incapable…