Pruitt v. State

This appellant, defendant below, was indicted for distilling, making, or manufacturing alcoholic, spirituous, malted, or mixed liquors or beverages, a part of which was alcohol; also for the unlawful possession of a still to be used for that purpose. His trial resulted in a conviction for distilling, etc., and he was duly sentenced to an indeterminate term of imprisonment in the penitentiary. From the judgment of conviction, this appeal was taken.

The principal insistence of error is that the defendant was entitled to the affirmative charge on the distilling count of the indictment. This…