Smothers v. State

HARWOOD, Presiding Judge.

The indictment against this appellant contained two counts, count 1 charging him with distilling, and count 2 with possession of a. still, etc.

Each count is in code form, except that each contains an averment that the acts , charged -were “without authority of. the Alabama Alcoholic Beverage Control Board.”

In the trial below the evidence presented by the State tended to show that this appellant, together with three other men ' were observed by law enforcement officers at a still in Tuscaloosa County. The still *555Was in active operation, and at the time the presence of…