Batey v. State

The plaintiff in error was convicted of manufacturing intoxicating liquors, with punishment fixed at a fine of $250.00 and a ninety day jail sentence, from which he' appeals.

The indictment is laid in two counts, the first charges a violation of Code Section 11246 which makes it a misdemeanor “to manufacture or attempt to manufacture any intoxicating whiskey or brandy” and the second count is based upon Code Section 11248 which makes it a misdemeanor for the assembling of apparatus for the purpose of manufacturing whiskey and brandy.

The case was first tried in April, 1950, when the plaintiff…