State v. McKinney

Woods, Judge:

Convicted by a jury in the circuit court of Summers county and sentenced to two years in the penitentiary, on an indictment for unlawfully and feloniously owning, operating, maintaining, possessing and having an interest in a certain apparatus, etc., commonly known as a moonshine still, defendant prosecutes this writ of error.

Defendant maintains that the indictment is fatally defective, in that it omits the word “intoxicating”, and that the circuit court erred in overruling his demurrer for that reason. Prior to 1923, section 37, chapter 32-A, Code, under which this indictment…