Cater v. State

By the verdict of the jury this appellant, defendant in the court below, was acquitted of the charge contained against him in the first count of the indictment. That count charged that he “did distill, make, or manufacture alcoholic, spirituous, or malted liquors, a part of which was alcohol.” The jury found him guilty under the second count of the indictment, and this count charged, in proper form and substance, the unlawful possession of a still, etc., to be used for the purpose of manufacturing alcoholic, spirituous, or malted liquors, etc. Under the rule of evidence provided in section 2…