State v. Caviness

PER CXJRIAM:

The following opinion written by one of our Commissioners, except as to our disposition of appellant’s assignment of error in respect to Instruction 1, is adopted by the court as modified.

Defendant was charged by an information in the Circuit Court of Camden County, Missouri, with feloniously selling hootch, moonshine or corn whiskey. Upon a trial, March 25, 1929, before a jury, he was convicted and his punishment fixed at two years in the state penitentiary. Motion for new trial was filed, overruled and defendant sentenced. From this sentence and judgment, he has appealed to this…