Ellis v. State

The appellant was charged by affidavit . with unlawfully manufacturing intoxicating liquor, on January 31, 1925, in Henry county, in violation of §1, Acts 1923 p. 70. He was tried by a jury and found guilty. Judgment of fine and imprisonment was rendered on the verdict. The only assignment of error presented on appeal is that the court erred in overruling his motion’ for a new trial.

Appellant claims in support of the motion for a new trial that the court erred in giving to the jury on its own motion each of two instructions. Instruction No. 11 is as follows: “If the defendant in this case did…