Smith v. State

CARR, Presiding Judge.

The indictment in this case is framed in two counts. The first charges manufacturing whiskey and the second possessing a still.

The court sustained the demurrers to the first count and overruled them as to the second.

There is no merit in the insistence that the court was in error in overruling the demurrers. The second count is in code form. Title 15, Sec. 259, Subsec. 76, Code 1940; Masters v. State, 18 Ala.App. 614, 94 So. 249; Neville v. State, 23 Ala. App. 121, 123 So. 895; Aldridge v. State, 20 Ala.App. 456, 102 So. 785.

The state anchored its prosecution on the…