Stine

Appellant Stine and three others, named respectively Anderson, Duke and Sworiford, were charged with the crime of “possession of a still”, a felony. Several days after the trial of the defendants had commenced and in the course thereof, defendant Anderson “disappeared”. Thereupon, by order of the trial court, a mistrial was directed as to defendant Anderson only. The trial proceeded as to the remaining defendants, with the result that a verdict of “guilty” was returned against each of them. Other than defendant Stine, each of the convicted defendants was admitted to. probation. It is from the judgment and the order by which his motion for a new trial was denied that defendant Stine has appealed to this court.

As disclosed by the evidence adduced on the trial of the action, the pertinent facts which related to the guilt of defendant Stine appear to be as follows:

Stine was the owner of a twenty-acre tract of land on which he was producing sand and gravel for commercial purposes. Among other things, the equipment used by Stine in the prosecution of his business were an office building, a bunkhouse, sand bunkers, galvanized iron sheds, scales, two steam-shovels, a toolhouse and a…