Henry v. State

The accusation in this case contained two counts. Count one was for the possessing of distilling apparatus, upon which the defendant was found not guilty. Count two charged that the defendant, James Henry, “did then and there unlawfully have, possess, and control alcoholic and intoxicating wines, beers, liquors, whisky, and other beverages, without bearing the revenue stamps as required by law.” The jury found the defendant guilty on count two.

1. The sheriff, a witness for the State, referring to the liquor in question, testified: “That was corn beer. As to how I could tell it was corn beer,…