Eldridge v. The State

Simmons, C. J.,

dissenting. — A conviction should not be sustained where it is manifest that the verdict was predicated merely on suspicion and against the positive evidenceof a legally credible unimpeached witness.

Atkinson, J.

The evidence in this case, though entirely circumstantial, was sufficient to warrant the conviction; and the verdict of guilty having been approved by the trial judge, this court will not overrule his refusal to grant a new trial. Judgment affirmed.