Cohen

The defendant was convicted of the crime of “possession of still,” in that he did wilfully, etc., own and have in his possession a certain still worm and other described devices, designed, used, and intended to be used in the manufacture of intoxicating liquor for beverage purposes. He appeals from the judgment and from the order denying his motion for a new trial.

The information was filed against appellant. jointly with one Tom Collins, who pleaded guilty and is not now before this court.

The points presented on behalf of appellant are: That the evidence is insufficient to sustain the verdict; that one of the instructions to the jury is erroneous; and that the court erred in refusing to give certain instructions requested by appellant.

We have examined the evidence as set forth in the record. It is sufficient to establish the facts charged in the information. The argument of counsel on this branch of the case relates chiefly to points on which the evidence is conflicting. All such argument is met by the familiar rule that on appeal this court will not undertake to weigh the evidence, as against the verdict of a jury or the findings of a trial court.

The instruction to which…