Smith v. State

At the written request of defendants, the court gave the affirmative charge in their favor as to the first count of the indictment which charged them with the offense of distilling, making, or manufacturing alcoholic, spirituous, malted, or mixed liquors or beverages, a part of which was alcohol. There being no evidence to sustain the charge contained in said count, the-court properly directed the jury that they could not convict them upon said charge.

Bach of the defendants, however, was convicted by the jury who returned the verdict of, “We the jury find the defendant guilty as charged in…