Clark v. State

Plaintiff in error was convicted of manufacturing liquor, and made an extraordinary motion for a new trial.

1. Hpon the hearing of this motion the movant offered an affidavit, a portion of which is as follows: “ At a subsequent term of court, after defendant’s conviction for manufacturing liquor, he was placed on trial for having liquor in his possession, and the same bottle of liquid used in the case for manufacturing was used against him in the case for possessing, and defendant was acquitted *237on the latter charge. I kept possession of the bottle and know the facts.” The bill of exceptions…