139 Va. 565 | Va. | 1924
delivered the opinion of the court.
Upon an indictment charging the accused with unlawfully manufacturing and storing ardent spirits, and with the illegal possession of ardent spirits at a place not his home, he has been convicted, fined $500.00, and sentenced to thirty days confinement in jail.
The facts shown by the Commonwealth are these: Two prohibition officers having been informed that a still was being operated in that neighborhood, went to. the home of the accused, searched it, and found no ardent spirits in his dwelling or outbuildings, but did find about four gallons of corn whiskey, in glass cans, hidden in some brush over inside of his garden, a short distance from the dwelling, but not in sight thereof, at a point about twenty steps from the county road leading to West Virginia, which ran by his house. They saw the wife and boy of the accused coming from the garden where the whiskey was found. They also found a still situated about 400 yards from his residence, up the mountain and out of sight of his home, which appeared to have been recently operated, together with about 400 gallons of mash. A path led from the road by his dwelling to where the still was found, and there were fresh tracks along said path to and from the house to the still. None of these incriminating facts were denied.
His testimony as to his financial condition was con
1. One ground of exception is that the court refused to strike out the evidence so far as it related to the finding of the still, but inasmuch as the indictment charged the illegal manufacture of ardent spirits, and this evidence manifestly tended to prove his guilt, the ruling was plainly right, and no citation of authority is needed to sustain it.
2. The other assignment of error is that the court erred in refusing to set aside the verdict and grant him a new trial upon the ground that the verdict is contrary to the law and the evidence.
It is apparent, then, that the contention is that because of his unblemished reputation and financial circumstances, coupled with his denial of guilt, the jury were bound to acquit the accused, because of the improbability of his guilt. This is impressive, and if we were triers of the facts, the competing arguments would be carefully reviewed. It should have, and doubtless did, greatly impress the jury. This evidence showing improbability of guilt was uncontradicted, but the incriminating evidence introduced by the prosecution was neither contradicted nor explained. Certain presumptions of guilt arise therefrom, and the evidence as a whole presents an issue of fact which was properly submitted to the jury. Under established rules, their verdict is conclusive here. Gilreath v. Commonwealth, 136 Va. 709, 118 S. E. 100; Ramey v. Commonwealth, 136 Va. 771, 117 S. E. 833.
A firmed.
Burks, J., dissents.