Shewbart v. State

CARR, Judge.

This appeal is from a judgment of conviction below for illegally possessing a still. Title 29, Sec. 131, Code 1940.

The factual issues, in the main, revolve around the identity of the accused. It is without dispute in the evidence that officers found two large stills in close proximity to each other. They were unassembled, but all of the component parts were found near by.

The State witnesses testified that while they were in hiding the defendant, with axe in hand, came to the still place and built a fire in one of the furnaces. It was during the daylight when the raid was made. The…