Wells v. State

The indictment was in three counts. The first count charged that defendant manufactured prohibited liquor, etc., and the second and third that he possessed a still. The conviction was under the second and third counts, which operated as an acquittal under the first count. It will therefore not be necessary to notice any of the rulings of the court relating solely to the charge under the first count.

The contention is made that there was a misjoinder of counts, in that counts 2 and 3 charged a felony under acts of the Legislature 1919, p. 1086, and that count 1 charges a misdemeanor under Acts…