State v. Benton

The opinion of the Court was delivered by

Mr. Justice Watts.

The appellants were tried under' an indictment which charged under two counts: First, having in possession and storing intoxicating liquor; and, second, in maintaining and operating a still for the manufacture of intoxicating liquor, and with manufacturing and distilling .alcoholic liquors.

They were acquitted on the first count and convicted on the second count. A motion for a new trial having been refused, they were duly sentenced and by four exceptions impute error.

The first exception is:

“First: That his Honor, Judge Thos. S. Sease,…