Ellison v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge. —

It is urged that the charge of the court did not present the defensive issue. Appellant excepted to a paragraph of the court’s charge wherein the jury were told that if they believed that a complete still was possessed for the purpose of manufacturing intoxicating liquor, as charged in the indictment, but if they further believed that the defendant did not possess and have in his possession said equipment, if any, they should acquit, or if they had a reasonable doubt on this question, they should acquit. We have read and analyzed as best we can…