
    Jack JOHNSON v. STATE.
    (No. 8927.)
    (Court of Criminal Appeals of Texas.
    April 22, 1925.)
    Appeal from District Court, Robertson County; W. C. Davis, Judge.-
    Tom Garrard, State’s Atty., and Grover C. Morris, Asst. State’s Atty., both of Austin, for the State.
   HAWKINS, J.

Conviction is for the manufacture of intoxicating liquor. Punishment, confinement in the penitentiary for one year and six months. Officers went to the home of defendant, and informed him they had a search warrant and wanted to look over the place, to see if they could find any whisky. Defendant ran. After a chase of about a mile, he was overtaken and brought back, to the house. In the house was found a complete still,'but it had been partially disconnected. However, whisky was still running out of th’e coil into a. syrup bucket. The liquid in the boiler was hot. Whisky was in the syrup bucket. About 40 gallons of hot mash were found. At one end of the house another barrel of mash was found buried. Nine quart fruit jars full of whisky were found. Another bottle containing whisky was warm. After defendant made bond, one of the officers had a talk with him, and asked him why he ran, and defendant told him he thought “they would do away with that stuff.” A special charge upon circumstantial evidence was requested. This subject is fully covered in the court’s main charge. In passing-sentence upon defendant, the court inadvertently omitted to give him the benefit of the indeterminate sentence law, as provided in article-865a, O. O. P. The sentence is here reformed,, to read that defendant shall be confined in the penitentiary for not less than one year nor more* than one year and six months. As reformed,, the judgment is affirmed.  