Byrd v. State

Dude Byrd and Johnnie Powers were jointly tried under an accusation charging them with possessing alcoholic liquors. The evidence for the State showed that the arresting officers found a distillery in operation, with whisky running out of the pipe. Eight at the pipe were two five-gallon jugs, one full of “moonshine” whisky, and the other containing one and one half gallons of the same kind of whisky. The two defendants were the only persons at the distillery. One of the defendants (but which one the officers, did not remember) stated that the still and whisky belonged to him. No evidence was…