Vaughn v. State

Plaintiff in error was convicted of having in his possession whisky with the unlawful intent 'to violate provisions of the prohibition law, and was on July 8, 1912, in accordance with the verdict of the jury, sentenced to be confined in the county jail for 30 days, and pay a fine of $350. To reverse this judgment an appeal on case-made was perfected.

Defendant’s counsel contend that the court misdirected the jury, to the prejudice of the substantial rights of the defendant, by giving the following instruction:

“If, after considering all the evidence, you are morally certain of the innocence of…