Distler v. State

The indictment charges that the appellant:

"* * * did then and there unlawfully possess a still for the purpose of manufacturing spirituous liquors capable of producing intoxication, against the peace and dignity of the State."

In denouncing the offense, the statute declares it to be unlawful to "possess a still for the manufacture of intoxicating liquors or beverages." In attacking the indictment, the appellant contends that the language used by the pleader varies from that of the statute in that in the pleading the culpable act is the purpose for which the still is possessed, and in the…