Leith v. State

Count 1 of the 'indictment was eliminated by the court having given the affirmative charge as to said count .in favor of defendant, and followed by the verdict of the jury which found the defendant guilty under the second count. This, of course, operated as an acquittal of the charge contained in the first count — that of distilling, making, or manufacturing alcoholic, spirituous, malted, or mixed liquors or beverages, a part of which was alcohol.

The second count, to which the verdict of guilty referred, charged the offense denounced by the statute approved September 30, 1919 (Acts 1919, p.…