Sanford v. State

The indictment" was in two counts. The first charged an unlawful manufacture of whisky, and the second the unlawful possession of a still, etc. The second count was eliminated by the giving of the affirmative charge at the request of defendant. and as to the first, the court charged the jury that a conviction might be had of an attempt to manufacture alcoholic liquors, etc. The verdict of the jury was: “We, the jury, find the defendant guilty of attempting to distill, and assess a fine of $50.” Following the verdict the court, without formal adjudication of guilt, sentenced the defendant to…