Bates v. State

The defendant was convicted under Section 131, Title 29 Code 1940, of the offense of manufacturing whiskey.

The state’s evidence was to the effect that when law enforcement officers first saw defendant he was coming up a trail from the direction of the still, carrying a half-gallon jar filled with moonshine whiskey. Upon seeing the officers he dropped the whiskey and ran, but was captured.

Defendant did not testify and no evidence was presented in his behalf.

On original consideration we were of the opinion there was no evidence tending to show defendant’s guilt. The judgment was reversed and…