Johnson v. State

LATTIMORE, Judge.

Conviction for conspiracy to manufacture spirituous liquor; punishment, two years in the penitentiary.

The indictment in this case contained four counts, — one charging appellant with conspiracy to unlawfully manufacture spirituous liquor; another charging the manufacture of such liquor; another its possession, and the fourth the possession of a still, mash, material, etc. Only the first count was submitted.

Mrs. Herman, the wife of one of the men alleged in count one to be co-conspirators with appellant, was used as a witness by the State, and testified without objection of…