Gaunce v. State

MORROW, Presiding Judge.

The offense is the unlawful manufacture of intoxicating liquor; punishment fixed at confinement in the penitentiary for one year.

The State’s evidence reveals the fact that the appellant possessed and operated a distillery and had manufactured two gallons of whisky. The evidence of the appellant and his witnesses is to the effect that the whisky was made for medicinal purposes.

Appellant’s wife, the mother of his five children, the oldest of whom was eleven years, testified that during the year 1921 and up to the summer of 1922, the family were all sick with malaria;…