Gilder v. State

Homer and Herman Gilder were jointly accused of the possession of whisky. Homer Gilder was convicted. The evidence disclosed that whisky was found in his home. He was not in the house at that time. Herman Gilder, his brother, was found there asleep. Herman testified that he had not been at the house long when the officers came, and that he did not know of the whisky found in the house. The defendant complains that the court committed error in failing to charge the jury on the law of circumstantial evidence. “In this State the husband is recognized by law as the head of his family; and where…