
    GIBSON v. STATE.
    (No. 9406.)
    (Court of Criminal Appeals of Texas.
    Nov. 4, 1925.)
    Criminal law <&wkey;572 — Conflicting evidence held to sustain conviction of unlawful manufacture.
    Evidence that accused and another were discovered by officers in the act of manufacturing intoxicating liquor held to warrant conviction of unlawful manufacture, notwithstanding positive testimony of alibi.
    Appeal from District Court, Gonzales County; Lester Holt, Judge.
    Ira Gibson 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., pf 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.

This is a companion to the case of Tichvocky v. State (No. 9407) 277 S. W. 130, this day decided. Appellant and Tichvocky were discovered by officers in the act of manufacturing intoxicating liquor. The appellant’s identity was declared by each of the two state witnesses. Appellant interposed the defense of alibi, supported by his own testimony and by that of his wife.

There are no complaints of any of the rulings of the court, save of the refusal of a new trial. The conflicting issues were settled by the jury against the appellant. ' The evidence is quite sufficient to.support the verdict.

The judgment is affirmed.  