Toney v. State

The defendant was convicted of having whiskyin his possession. The evidence showed that the whisky was found in his house, but that Clyde Shaw (his son-in-law) and Clyde’s wife also lived there. There was no direct evidence that the whisky belonged to the defendant or that it was in the house with his consent or knowledge; and, under all the particular facts of the case, the hypothesis of the defendant’s guilt was no more reasonable than the hypothesis that Shaw was guilty. In fact the record shows that both the defendant and Shaw were charged with having possession of the whisky, and that…