
    16596.
    Smith v. The State.
    Decided July 29, 1925.
    Accusation of possessing distilling apparatus; from city court of Lexington—Judge Cloud. May 2, 1925.
    
      T. W. Rucker, Hamilton McWhorter Jr., for plaintiff in error.
    
      W. W. Armistead, solicitor, contra.
   Luke, J.

Smith was charged with and convicted of possessing distilling apparatus. The sole assignment of error is that the conviction was unauthorized by the evidence. The testimony authorized a finding that the accused was in possession of the premises whereon the apparatus was situated, and further authorized his conviction. The court properly overruled the motion for a new trial.

Judgment affirmed.

Broyles, C. J., and Bloodworth, J., concur.  