Mooneyham v. State

BRICKEN, Presiding Judge.

After a careful reading of the evidence in this case and an attentive consideration thereof this court is of the opinion that the conviction of the two appellants was improperly had thereon. The scintilla rule has no application in a criminal case, and the cursory evidence upon which the conviction was rested barely afforded even a scintilla as to guilt. It appears to this court that the verdict and judgment in this case was, of necessity, predicated upon eviden.ce that did not rise above the dignity of conjecture, suspicion, and guesswork. It is true that the alleged…