Battles v. State

The state offered evidence tending to prove that the defendant, within the time laid in the indictment and within the jurisdiction of the court, was seen at a still, which was in operation and the whisky running out, and that defendant was seen catching some of the whisky in a jug. There was other evidence tending to connect the defendant with the crime, but it is not necessary here to set it out. The defendant denied guilt, offering some testimony tending to impeach the testimony of the principal state’s witness, and also offered testimony of an alibi.

In his oral charge, and without having…