Erbel

The defendant was convicted of the crime of unlawfully manufacturing intoxicating liquor, alleged in the information to be “fit for use for beverage purposes.” His motion for a new trial was denied. This appeal is from the judgment and the order denying a new trial.

It was stipulated at the trial that the liquor in-question contained fifty per cent of alcohol by volume, but it is contended that there is no evidence to show that it was fit for beverage purposes. One of the men engaged with the defendant in manufacturing the liquor testified that it was jackass brandy. He described fully the process of manufacturing the liquor and the ingredients used for that purpose. Neither the process described nor the ingredients used would have any tendency to render the liquor unfit for beverage purpose, but indicated rather the ordinary case of the illicit, manufacture of corn whisky. The operations were conducted with as much secrecy as possible, the plant being located in the woods and the utensils were hidden in the brush when not in use, thus indicating a consciousness that the manufacture of the liquor was unlawful. The sheriff of the county testified that he smelled and tasted the…