State v. Boyer

The appellant was charged by information in two counts in the Circuit Court of Washington County, (1) with manufacturing moonshine whiskey, and (2) with operating a still in the manufacture of intoxicating- liquor, to-wit, hootch and moonshine whiskey. There was a trial to a jury and, under the instruction of the court that the appellant could be found guilty on one count only, a verdict was returned of not guilty on the first count and guilty on the second count and the punishment fixed at two years’ imprisonment in the penitentiary. From this judgment he appeals.

Prior to the filing of the…