Weaver v. State

Appellant was convicted of the offense of distilling prohibited liquor.

The only questions presented for our consideration are as to the action of the trial court in, first, refusing to give, at defendant's request, the general affirmative charge in his favor; and, second, overruling his motion to set aside the verdict of the jury and grant him a new trial.

The state's evidence, in substance, was that a complete still of from 300 to 500 gallon capacity was found in the woods set up and in full operation, making whisky. Defendant and one Jim Short were there. For a period of some ten minutes or…