Sexton v. State

The indictment, upon which appellant was tried and convicted, contained two counts. The first count charged him with distilling, or manufacturing, alcoholic liquors. The second count charged him with being in possession of a still, etc. The jury found the defendant guilty, as charged in the indictment. The judgment pronounced and entered by the court below recites that the defendant is guilty of distillmg prohibited liquors, and sentenced him to an indeterminate term of imprisonment in the penitentiary.

As stated, two separate and distinct offenses were charged in the indictment. The jury…