Wilburn v. State

Appellant was convicted under Code 1942, Section 2632, for having in his possession integral parts of a still. The only point reserved and argued on his appeal is that the defendant should have been awarded a directed verdict because the testimony showed without question that he possessed, if anything, a complete distillery.

We stated in Black v. State, 199 Miss. 147, 24 So. (2d) 117, that an indictment for possessing a complete still and for possessing integral parts thereof was duplicitous.' They are separate offenses. Non constat, however, that one may not be tried and convicted upon a…