Campbell v. State

BRICKEN, Presiding Judge.

This appellant was tried in the lower court upon an affidavit which was sworn out by the sheriff and charged appellant with a violation of the prohibition law by having whisky in his possession, etc.

We have carefully read the evidence in this case, and are at a loss to understand how a conviction could be rested thereon. It was disclosed by this evidence that hidden in some vines quite a distance from the defendant’s home the sheriff found a gallon and a quart of whisky. So far as the evidence goes, the qjlace where the whisky was found was accessible to every one,…