Mowlan v. State

This is an appeal from a conviction in a criminal prosecution. In the lower court, it was charged by affidavit that on or about July 28, 1923, at and in the county of Marshall, the appellant did then and there unlawfully and feloniously have in his possession and under his control certain distilling apparatus, to wit: two stills, for the unlawful manufacture of intoxicating liquor in violation of the laws of this state.

The first error assigned by appellant is that the court erred in overruling his motion to quash the affidavit. The crime charged is defined in ch. 33 of the Acts 1923 p. 107.…