Powe v. State

The appellant, Powe, was jointly indicted with Andrew J. Lee and J. P. Lee for crime in the following language, omitting the formal parts: “Did then and there wilfully, unlawfully and feloniously possess a distillery commonly called a still.” A severance was granted, and the appellant was tried by a jury, convicted, and sentenced by the court to serve a term in the penitentiary, from which he appeals.

There was a demurrer to the indictment, which was overruled by the court.

Officers of the Internal Revenue Department of the federal government testified that on the 2d day of August, 1935, about…