Herbert v. State ( 1933 )

BRICKEN, Presiding Judge.

Count 1 of the indictment, upon which the conviction of this appellant.was had, charged ' him' with distilling, making, or manufacturing alcoholic, spirituous, malted, or mixed liquors or beverages, a part of which was alcohol, etc.

The corpus delicti wás proven without dispute or conflict, and the evidence-as, .to., the guilt of this appellant, defendant below, was in conflict, and therefore presented a jury question rendering inapt the general affirmative charge requested by the deféndánt. This charge was properly refused. ‘

The several exceptions reserved to the court’s rulings upon the .admission of evidence are so clearly without merit they need' ñó’ discussion. 1 '■• ’ 1 '

The record proper appeal's regular and also without error.

The judgment of conyiction. from which this appeal was taken' will stand affirmed'.

Affirmed.