McGee v. StateMcGee v. State
- Reporters:
- , ,
- Before:
- Rice
[1] This court does not favor reversals of the judgments of the»nisi prius courts on technical rulings which work nо, injury to the appellants.- However, orderly procedure and regulаted methods, in the indiсtment, trial, and cоnviction or aсquittal of those charged with crime, must-be рreserved —otherwise, we would drift into сhaos, thencе on into- anarсhy.
In this case the аppellant was regularly chargеd by indictment only with the offense of having in his рossession a still, etc., to be used for the purpose of manufacturing alcoholic, spirituous, or malted liquors, etc., contrary to law, etc. He was duly put upon trial and convicted by the jury, their Verdict being that he “was guilty as сharged in the indictmеnt.” Whereupon he was adjudged by the сourt to be “guilty of manufacturing liquor as charged in the indictmеnt.” , Prom this judgment he appeals to- this сourt.
Manifestly and оbviously,’ the judgment of сonviction is’ not bаsed upon or suрported by the verdict of guilt returned, and of consequence the same must be reversed and the cause remanded for another trial.
Reversed and remanded.