CARR, Judge.
Howard Usrey was indicted by a grand jury of Talladega County, Alabama on two counts, the first of which was for distilling and the second was for possessing a still.
The trial of the cause resulted in a conviction of the defendant as charged in the indictment.
According to the record this occurred at the time the deputy solicitor made his opening statement to the jury:
"Mr. Teel, Deputy Solicitor, read the indictment to the jury...
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