Day v. State

The indictment as returned by the grand jury contained two counts. The first charged manufacturing whisky and the second possessing a still. The state entered a nol. pros, as to the first count, and the' trial proceeded to judgment on the second. To this 'count defendant pleaded in bar that he had theretofore, in a court of competent jurisdiction, been prosecuted and convicted on a charge of possessing prohibited liquors, and that the whisky found.in his possession was made by him on the still of which he is in this case charged with having in his possession. This plea was demurred to, and…