Lawler v. State

Prosecution in a dry county for violating the prohibition law. Trial was before the court without a jury.

The insistence that the defendant should have been discharged for' lack of evidence cannot be sustained.

The prohibited liquor was found in defendant’s store, among the stock of canned goods, when he was present. There were other containers in the store which had “a fresh liquor smell.” This proof, together with the evidentiary presumption written into the statute, Code 1940, Title 29, Sec. 155, clearly made the question of the defendant’s guilt one of fact to be decided by the court. To…