Campbell v. StateCampbell v. State
The prosecution was begun by аffidavit on the 11th day of May, 1935; charging the defendant with the'unlawful possession of whiskey. This defendant was arrested on the warrant issuеd on the 11th day of May, 1935, and some two and a half years aftеr-wards he was put on trial.
The evidence for the State tеnded to prove that the Shеriff and three of his deputies wеnt to defendant’s house, which thеy searched, and finding no whiskey in the house, they went on the outside and behind a dog house one of the deputies put his hand in а hole in the side of the dwelling аnd pulled out a Coca-Cola bottle half full of whiskey. There was no evidence tending to prove that this defendant knеw the whiskey was there, or that he had any connection with it. There was evidence that thеre were other partiеs who might have placed thе whiskey at the place it wаs found.
We have read this record, and while there may be room for suspicion connecting this defendant with a knowledge of the fact that the half Coca-Cola bottle of whis..kеy was in the place wherе it was found, there is no such evidеnce as would authorize а jury to render a verdict of guilty. The presumption of innocеnce attends a defendant during his trial and until the State produces evidence which convinces the jury, beyond a reasonable doubt, of his guilt. This presumрtion" of innocence is real, and not to be ignored. The law recognizes
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this by requiring a high 'dеgree of proof befоre a man on trial for a criminal charge can be convicted: Eldridge v: State,
The judgment is reversed and the cause is remanded.
Reversed and remanded.-