Edwards v. State

The refusal of the affirmative charge ■ requested by' defendant as to both counts of the indictment is the only question presented for review.

Count 1 of the indictment charged that he did distill, make, or manufacture alcoholic or spirituous liquors, etc.; and count 2 charged' him with the possession of a still to be used for the purpose of manufacturing such liquors. The undisputed testimony discloses that the searching* officers'found a still and about three barrels of beer in the defendant’s smokehouse. “The smokehouse was right back of the house where the defendant lived.” And in the…