McSwain v. State
McSwain v. State
Opinion of the Court
The defendant was convicted of keeping intoxicating liquors on hand at his place of business. As disclosed by the record, such liquors were found there on one occasion only, and on that occasion two quarts of whisky were discovered, completely concealed, on the person of a negro man who had just entered the defendant’s place of business, a soft-drink and tobacco store. A policeman, who found the whisky on- the negro, saw the latter acting suspiciously before he entered the store, and, whenChe did enter, the policeman immediately followed him into the store, found him behind the counter, arrested him, pulled up his “jumper,” and found the two quarts of whisky in his hip-pockets. Irrespective of whether or not the negro, at the time he was arrested, was an employee of the defendant, the proof submitted to convict the defendant was purely circumstantial, and was not suffi
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.