Smith v. State

SIMPSON, Judge.

This appeal is from a conviction for the illicit manufacture of whiskey and the possession of a still for that purpose.

The evidence as to the guilt of the defendant being in sharp conflict, a jury question was presented.

There are two questions, raised upon trial and argued here by able counsel for appellant, and indeed the only ones, meriting consideration. The first relates to supplying deficiencies in the number of regular jurors by the drawing of talesmen. The other deals with the refusal of the trial court to allow proof that the sheriff, not a witness in the case, was…