Garner v. State
Mississippi Supreme Court
Appeal from circuit court of Monroe county. Hon. O. P. Long, Judge. ■Ward Garner and others were convicted of unlawfully manufacturing intoxicating liquor, and they appeal. This case should he reversed and dismissed. An examination of the record will convince the court that the evidence as a whole is not supported, and is not sufficient to warrant a conviction.
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Appeal from circuit court of Monroe county. Hon. O. P. Long, Judge. ■Ward Garner and others were convicted of unlawfully manufacturing intoxicating liquor, and they appeal. This case should he reversed and dismissed. An examination of the record will convince the court that the evidence as a whole is not supported, and is not sufficient to warrant a conviction. Only one witness testified on behalf of the state, and as near as he could get to making out a case was that one evening while walking out in the woods he ran across two men, the appellants here. He testified that these two men were…
1Opinion of the CourtAnderson, J.
Appellants were indicted in the circuit court of Monroe county and convicted of unlawfully manufacturing intoxicating liquor and sentenced to the penitentiary for a term of three years, from which judgment they prosecute this appeal.
The only state’s witness, Moreland, testified that while out hunting in the woods he came across appellants apparently engaged in the manufacture of intoxicating liquor; that he found them in the possession of a still which was being operated. According to the evidence of the witness there was every appearance of whisky being-manufactured. It is true he stated…
2Cases cited2 opinions
- Heard v. StateMississippi Supreme Court · 1882
- Cooper v. StateMississippi Supreme Court · 1922
3Cited by16 opinions
- Jackson v. StateMississippi Supreme Court · 1976
- Keeton v. StateMississippi Supreme Court · 1936
- Gross v. StateMississippi Supreme Court · 1941
- Brooks v. StateMississippi Supreme Court · 1937
- Pope v. StateMississippi Supreme Court · 1930
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