Smith v. State

Broyles, J.,

dissenting. I think that the undisputed fact of the defendant’s flight from the still in his shirt-sleeves, and the further undisputed fact that his hat was covered with “still slop,” were some evidence of his guilt; and (as this court and the Supreme Court have uniformly held), where there is any evidence to sustain the jury’s verdict, the discretion of the trial judge in upholding their finding will not be controlled.