Latham v. State

CARR, Presiding Judge.

The first count of' the indictment charges the offense of manufacturing whiskey. The second count charges the possession of an illegal still. The verdict of the jury responded to the second count. This had the effect of acquitting the accused of manufacturing whiskey. Dickerson v. State, 32 Ala.App. 432, 26 So.2d 627; Whitt v. State, 27 Ala.App. 526, 175 So. 333.

Without dispute in the evidence the raiding officers found two complete whiskey-distilling outfits and a large quantity of “moonshine whiskey” all at the same general location or locale.

As the officers…