Alabama Court of Appeals April 21, 1925, 7 Div. 99. (Moody v. State)

SAMFORD, J.

The indictment was in two counts. The first charged a manufacture of whisky and the second the defendant possessed a still. When the evidence was all in, the court instructed the jury that there was not sufficient evidence to sustain a conviction under the first count, and so that count was eliminated, leaving a count charging a possession of the still.