Mitchell v. State

Ethridge,, J.,

delivered the opinion of the court.

Appellant, Mitchell, was indicted and convicted of having the felonious and unlawful possession of a still alleged to be used by him in the unlawful and felonious manufacture of intoxicating liquor. He demurred to the indictment on the ground, among others, that it did not negative the exceptions contained in the statute in defining the offense. The demurrer was overruled, and defendant was placed upon trial and convicted and sentenced to one year in the state penitentiary.

The prosecution was brought about by the discovery under a search…