State v. Haller

Lively, Judge:

Convicted of owning, operating, etc., a moonshine still and sentenced to confinement in the penitentiary for five years, the defendant prosecutes error from the sentence, pronounced September 15, 1930*.

There are two points of error alleged; first, the refusal to discharge defendant because three terms of court had passed since the finding of the indictment without trial; and, second, error in instructions.

Haller and one Phillips were jointly indicted for owning, operating, etc., a moonshine still, at the September term of court, 1927, at which term Haller appeared and had his…