Carney v. State

Duke, J.

The evidence upon which the accused was convicted of manufacturing intoxicating liquor is wholly circumstantial, and not sufficient to exclude every reasonable hypothesis other than that of his guilt. It was therefore error to overrule his motion for a new trial.

Judgment reversed.

Broyles, O. J., and Bloodworlh, J., concur. Denny & Wright, for plaintiff in error. J. F. Kelly, solicilor-general, F. 8. Taylor, M. N. Anderson, contra.