Legal Opinion

State v. . McMillan

Supreme Court of North Carolina

Decided December 24, 1920PublishedCited by 2 opinions

Appeal by defendants from Finley, J., at April Term, 1920, of SCOTLAND. The defendants, four brothers, were convicted of manufacturing liquor, and from the judgment upon such conviction they appealed to this Court.

1Opinion of the Court

Walker,' J.

The jury might very well have acquitted the defendants, but as it did not, the main question on this appeal is whether or not there is any evidence which justified such conviction. That evidence is wholly circumstantial, but, from the nature of such offenses, that quite frequently is the only evidence available,'but sometimes it is of so strong a character as to be really more convincing than any other kind. We have affirmed convictions for this class of offenses where the-testimony was not as strong as that we find in this record. S. v. Horner, 174 N. C., 788; S. v. Carroll, 176…

2Cases cited5 opinions

  1. State v. . AtwoodSupreme Court of North Carolina · 1918
  2. State v. . ButlerSupreme Court of North Carolina · 1919
  3. State v. . HornerSupreme Court of North Carolina · 1917
  4. State v. . BushSupreme Court of North Carolina · 1919
  5. State v. . CarrollSupreme Court of North Carolina · 1918

3Cited by2 opinions

  1. State v. . PrinceSupreme Court of North Carolina · 1921
  2. State v. . AdamsSupreme Court of North Carolina · 1926

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