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LATHAM v. STATE

2 Div. 879.

77 So.2d 499 (1954)

Richard LATHAM v. STATE.

Court of Appeals of Alabama.

Rehearing Denied December 14, 1954.

Attorney(s) appearing for the Case

Judson C. Locke, Marion, for appellant.

Si Garrett, Atty. Gen., for the State.

CARR, Presiding Judge.

The first count of the indictment charges the offense of manufacturing whiskey. The second count charges the possession of an illegal still. The verdict of the jury responded to the second count. This had the effect of acquitting the accused of manufacturing whiskey. Dickerson v. State, 32 Ala.App. 432, 26 So.2d 627; Whitt v. State, 27 Ala.App. 526, 175 So. 333.

Without dispute in the evidence the raiding officers found two complete...

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