Kizziah v. State

CATES, Judge.

This is an appeal from a judgment of conviction of possessing a still. Code 1940, T. 29, §§ 131 and 132. Sentence was set at four years in the penitentiary.

The State’s evidence did not show all the components of a working distillery were present and assembled.

We tabulate:

A. Found at Site

1. Parts Shown

a) 376 gallon covered tank with burner

b) Fuel line nearby

c) 356 gallons of alcoholic mash in tank with burner

d) 5-gallon can of fuel oil in still yard.

2. Parts Missing

a) Capper

b) Cooler

c) Thumper

d) Steam lines

B. Found About 30 Yards from Kizziah’s Residence (R. pp. 50-51.)

All parts…