Miller v. State

The appellant, Otho Miller, with others, was indicted, tried, and convicted of an attempt to make intoxicating liquors. From .a judgment of the court sentencing him to serve one year in the state penitentiary, this appeal is prosecuted.

Omitting the formal parts of the indictment, it is as follows:

“That Walter Stapleton, Grover Miller, and Otho Miller, on the - day of April, 1921, in Covington county aforesaid, did then and there unlawfully and feloniously attempt, design, and endeavor to commit a certain offense, to-wit, to unlawfully and feloniously make and distill intoxicating liquors, and…