Berry v. State

BRICKEN, Presiding Judge.

Count 1 of the indictment was charged out by the court upon the theory that there was no evidence adduced upon the trial to sustain the charge in said count. Appellant, of course, cannot complain at this, to him, favorable action of the court, and no insistence to this end is made.

The remaining counts of the indictment 2 and 3 charged this appellant with the unlawful possession, etc., of a still, etc., to be used for the purpose of manufacturing or distilling prohibited liquors or beverages. The jury returned a verdict of guilty as charged in counts 2 and 3 of the…