Wilson v. State

The appellant, defendant below, was put upon trial under count 2 of the indictment which originally contained two counts. The court in its oral charge instructed the jury that the state, through its solicitor, elected to nol pros the first count, which order was entered by the court. The trial resulted in his conviction under said count, which charged him with the offense of having, etc., a still in possession to be used for the purpose of manufacturing prohibited liquors, etc.

Before entering upon the trial of this case the defendant filed what is termed a plea in abatement insisting, in…