Stillwell v. State

CATES, Judge.

Stillwell appeals from a judgment convicting him of distilling. The court imposed on him a sentence of two years confinement in the penitentiary.

Three state witnesses found Stillwell and others at a still from which whiskey was dripping. Stillwell had his hand on a valve on a burner which was heating the still pot. He told one officer, “It’s mine, you caught me on it didn’t you.”

Stillwell sought to explain his presence as the result of his being asked by the moonshiners to warm himself at their fire. This was a welcome invitation since he and a companion had become separated…