Roberts v. State

LATTIMORE, Judge.

Conviction for manufacturing intoxicating liquor; punishment, two years in the penitentiary.

Appellant was with others at a still which was in operation, — ■ that is, a fire was burning under the still, the mash was cooking, and whisky was running out of the coil into a container. This court is asked to hold that unless one present at the still is observed himself to take s.ome affirmative action in such making, it would be the law that the jury should acquit. We must decline to so hold. It is shown in this record that after the fire is started under the still, there is…