O'Neal v. State

Beoyles, O. J.

The accusation, under which the defendants were tried together, contained two counts. ‘ The first count charged them with possessing whisky. The second count charged them with knowingly allowing one to locate distilling apparatus on their premises. The jury returned a verdict finding the defendants “guilty on counts number one and number two.” The evidence demanded the defendants’ conviction under the first count of the indictment, but did not authorize their conviction under the second count. The defendants made a motion for a *356new trial, and the court overruled the motion as…