Brummett v. State

The plaintiff in error, Ed Brum-mett, hereinafter styled defendant, was by information charged with the crime, viz.:

“One Ed Brummett, then and there being, did then and there willfully and unlawfully manufacture and ferment one barrel of corn mash, with the unlawful intent of him, the said Ed Brummett, to then and there manufacture spirituous liquor, to wit, whisky, by cooking, boiling and distilling said whisky from said fermented mash.”

A trial was had, and defendant was found guilty as charged in the information, but the jury failed to agree upon the punishment and wrote into the verdict,…