Atkinson v. State

<p>Indictment for misdemeanor; from Taliaferro superior court — Judge Walker. November 28, 1919.</p> <p>It was testified that sprouted corn malt, such as is used for making liquor, was found in the buggy shelter of John Atkinson (the defendant), and that there was a still making liquor in the edge of a swamp or thicket about 350 yards behind his house and about 100 yards from the edge of his cotton field; it was about as far from his house as from the house of his father, Henry Atkinson. A witness for the State testified that he supposed the still was on John’s land or land he controlled, but that he (the witness) had no means of knowing this “except general appearances and the fact that his cotton field ran near there.” The defendant in his statement at the trial said that the still was not on his land or on land that he had control of, and he had nothing to do with the 'still, and that his farm was rented from his father. Henry Atkinson testified that the defendant “had no control or rights as to the woods where the still was found.”</p>