State v. Marx

Henry Marx and Ben Kauffman were jointly indicted for the crime of maintaining a liquor nuisance. The indictment charged that, at a certain time and place, they did “unlawfully erect, establish, continue, and use a building, erection, and place, with the intent and for the purpose then and there and therein to manufacture intoxicating liquors, and did then and there and therein unlawfully and illegally manufacture intoxicating liquors.”

A second count in the indictment charged the crime of bootlegging; but, upon the conclusion of the evidence, the trial court, on motion of defendants…