Story v. State

The defendant, Ethel Story, was charged in the county court of Major county with the illegal possession of intoxicating liquor, was tried, convicted by a jury who returned the following verdict:

“We the jury drawn, empaneled and sworn in the above entitled cause, do upon our oath find defendant Ethel Story guilty, we recommend leniency.”

The trial court thereafter sentenced the defendant to serve 30 days in the county jail and pay a fine of |50 and costs, and she has appealed.

It is first argued that the trial court erred in refusing to give an instruction on circumstantial evidence. An…