State v. Higgins

FishbuRnS, Justice.

The appellant, Higgins, was tried and convicted upon an indictment charging an unlawful sale of whiskey, which took place in Cherokee County on April 24, 1948. He was duly sentenced, and by this appeal raises two questions.

It is first contended that the evidence, being entirely circumstantial, was insufficient to prove the guilt of the appellant. Error is assigned because the trial judge refused to grant the motion for a directed verdict of not guilty which was made at the close of the evidence introduced by the State. The appellant offered no testimony.

The record shows…