
    TICHVOCKY v. STATE.
    (No. 9407.)
    (Court of Criminal Appeals of Texas.
    Nov. 4, 1925.)
    Criminal law <&wkey;l 159(5) — Verdict of jury on conflicting evidence held conclusive on appeal.
    Jury’s verdict of conviction on testimony that appellant was seen by officers in act of manufacturing liquor, that he fled on their approach, but was soon afterwards arrested, contradicted by evidence of an alibi, held conclusive on appeal.
    Appeal from District Court, Gonzales County; Lester Holt, Judge.
    Joe Tichvocky was convicted of the unlawful manufacture of intoxicating liquor, and he appeals.
    Affirmed.
    Bagby & Kacir, of Hallettsville, for appellant.
    Sam D. Stinson, State’s Atty., of Green-ville, and Nat Gentry, Jr., Asst. State’s Atty., of Tyler, for the State.
   MORROW, P. J.

The offense is the unlawful manufacture of intoxicating liquor; punishment fixed at confinement in the penitentiary for a period of two years.

The state’s testimony is definite to the effect that the appellant was seen by the officers in the act of manufacturing intoxicating liquor ; that he fled upon their approach, but was soon afterwards arrested.. His identity is definitely vouched for by two witnesses in behalf of the state. Appellant set up an alibi. Upon this issue the decision of the jury is conclusive upon this court. There is nothing in the record suggesting that in the trial of the case the rules of law and practice were not observed.

The judgment is affirmed.  