Smothers v. State

CARR, Presiding Judge.

George Smothers, the appellant, was convicted of possessing an illegal whiskey still. Title 29, § 131, Code 1940.

The defendant did not testify in his own behalf, and in the main there is no dispute in the evidence.

The raiding officers found a complete whiskey distilling outfit near a river in a location they described as the “Orman Simpson bottom.”

Howard Frost was seen by the officers working at the still and was there arrested. He lived about one-half mile from the still site. He testified that the appellant employed him to operate the still and he was engaged in this…