Vandiver v. State

PRICE, Judge.

Appellant, Henry Woodrow Vandiver, and one Walter D. Riggs were jointly in-*528dieted and tried together. The indictment charged in Count one the offense of distilling prohibited liquors and in Count two, the illegal possession of a still. When the State had rested its case the defendant moved to exclude the evidence as to both counts of the indictment. The State then asked for a nolle prosequi as to Count one. The court granted the defendant’s motion as to Count one and denied it as to Count two. Both defendants were found guilty as charged in Count two.

Appellant was sentenced to…