Hooper v. State

This is an appeal from a judgment of conviction, rendered in the county court of Cleveland county, wherein the plaintiffs in error were jointly informed against and tried for the unlawful manufacture of intoxicating liquors, and their punishment fixed at a fine of $100 each and confinement for a period of 60 days in the county jail each.

The Attorney General has filed a confession of error, based upon the giving of instruction No. 1, which reads as follows:

“You are instructed that it is unlawful to manufacture intoxicating liquor containing more than one-half of one per cent, of alcohol…