State v. Rudy

Miller, Judge :

Defendant was convicted in the criminal court of Marion County, on an indictment charging that he “did unlawfully and feloniously own, operate, maintain, possess and have an interest in a certain apparatus, mechanism and device for the manufacture or intoxicating liquors commonly known as a 'moonshine still.’ ”

First, it is asserted by counsel for defendant that the use of the word “or” in the indictment charges the offense in the disjunctive,' and that the part of the indictment following the word “or” does not charge an offense when standing alone, or if it alleges an offense,…