Day v. State

Herbert Day, Bill "Ward and Jesse Johnson were jointly indicted for unlawfully possessing a still, and were convicted before a'jury. The jury trying them fixed tbeir punishment at one year in the State Penitentiary, and from judgment upon the verdict they have duly prosecuted an appeal to this court.

Clarence Beuhler, a Federal prohibition officer, was the principal witness for the State. According to his testimony, some time in the fall of 1925, in company with E. F. Barber, the sheriff of Miller County, and Bob ■Smith, his deputy, they left Texarkana about one o ’clock in-the night time to…