Moody v. State

The indictment was in two counts. The first charged a manufacture of whisky and the second the defendant possessed a still. When the evidence was all in, the court instructed the jury that there was not sufficient evidence to sustain a conviction under the first count, and so that count was eliminated, leaving a count charging a possession of the still. As to this count the evidence for the state tended to prove a still located on Chandler Mountain from eight to twelve miles from defendant’s home; that the officers, of whom there were several, saw the defendant with a gun within seven or…