Rutherford v. State

BRICKEN, Presiding Judge.

The indictment charged these two appellants, (1) with distilling, making or manufacturing, alcoholic, spirituous, or malt liquor, a part of which was alcohol, contrary to law. (2) , In the second count, with having had in 'their possession a still apparatus, appliance, or a device, or substitute therefor, to be used for the purpose of manufacturing alcoholic, spirituous, malted or other prohibited liquors or beverages, contrary to law, etc.

Upon arraignment, at the April 1939 term of said court, the defendants in answer to the indictment and before pleading thereto,…