Davis and Smith v. State

Appellants Davis and Smith were tried .under an indictment containing two counts, the first of which charged them with making a mash fit for distillation, and the second with possessing a still. They were convicted on the second count, and have appealed.

We have not been favored by appellants with a brief on their appeal, but it appears from the motion for a new trial that the only errors assigned for the reversal of the judgment .are that the verdict is contrary to the law and the evidence, and that the court erred in the admission of certain testimony.

Clyde Duck, a witness for the State,…