State v. . Peterson

One assignment only is debated on this appeal. It challenges the correctness of the ruling of the trial court in denying defendant’s motion for judgment as of nonsuit, and in submitting the case to the jury.

In this connection, the evidence set out in the case on appeal tends to show that, as seen by -two officers, a still, — “submarine-like,” for the manufacture of whiskey was “fired up” and in operation. Barrels of beer or mash were at the still. Whiskey was running out of the still at the time. About a gallon in a jug had just run out. And defendant alone was present, — stooping over, and,…