State v. Mitchell

Litz, Judge:

The defendants, A. B. Mitchell and Stanford Ball (plaintiffs in error) were each tried, convicted and sentenced to pay a fine of $300.00 and serve two years in the penitentiary on an indictment charging them with owning, operating, maintaining, possessing and having an interest in a “moonshine still,” in violation of section 37, Chapter 32-A, Code.

Although several grounds of error are assigned, the one most earnestly pressed is that predicated upon the following instruction given for the State: ‘ ‘ The court further instructs the jury that if the jury, or any member of the jury,…