Lead Opinion
The offense is the unlawful possession of mash for the purpose of manufacturing intoxicаting liquor; punishment fixed at confinement in the penitentiary for one year.
The indictment contained several counts. The first charged the unlawful possession, the second charged the manufacture, the third charged the possession of equipment, and the fourth and fifth cоunts charged the possession of mash for the manufacture of intoxicating liquors.
Bach оf these counts was submitted to the jury. There was a verdict finding the appellant’s guilt as charged in the fourth count of the indictment, namely, the рossession of mash.
The court entered а judgment and sentence finding the appellant guilty of “possessing, manufacturing intoxicating liquors, аnd equipment and mash for the manufacture of the same. ’ ’
There was ample evidence to support the finding of the jury that the appellant was in possession of mash for the purpose of manufacturing intoxicating liquor. There was also evidence supporting the other counts in the indictment.
The court рroperly instructed the jury, in the event of a. verdict of guilty, to designate the count. The effect of the verdict is to acquit of all the оffense except that charged in the fourth count of the indictment. Appellant insists that thе case must be. reversed because of the manner in which the judgment is entered, and cites Banks v. State,
The judgment is reformed and affirmed.
Judgment reformed, and affirmed.
Addendum
ON MOTION FOR REHEARING.
Appellant, by a motion' verified by his affidavit, requests the privilege of withdrawing his motion for rehearing. His request is granted, and the mandate will issue upon the original affirmance.
Mandate issued.