Alabama Court of Appeals February 14, 1928, 7 Div. 458. (Sanders v. State)

RICE, J.

The indictment charged defendant, first, with manufacturing whisky; and, second, with possessing a still. The jury returned a verdict of guilty under the

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first count. This was tantamount to an acquittal under the second count, and the refusal of charges relating alone to that count, even if error, worked no prejudice to defendant.