Sanders v. State

The indictment charged defendant, first, with manufacturing whisky; and, second, with possessing a still. The jury returned a verdict of guilty under the first count. This was tantamount to an acquittal under the second count, and the refusal of charges relating alone to that count, even if error, worked no prejudice to defendant.

The evidence as to defendant’s participation in the offense of manufacturing whisky was in conflict. That for the state was sufficient, if believed by the jury, to sustain a conviction. It was therefore proper for the court to deny the affirmative charge requested by…