Blackstone v. State

Defendant was indicted under two counts — the first charged a manufacturing of whisky, and the second the unlawful possession of a still. The conviction was under the first count. There was testimony tending to prove that defendant was in possession of and operating the same still at the same place on November 16th or 17th and on December 1st. The state, on motion of defendant, elected to prosecute for the date fixed by the witnesses as December 1st. All of the testimony related to the possession of the same still by the same parties and at the same location. The crime of possessing a still…