On this motion for nonsuit, the evidence of the State must be taken as true with the most favorable inferences that the jury was authorized to draw from it. As to the defendant Brown, the evidence was sufficient to be submitted to the jury both on the charge of knowingly permitting land in his possession and under his control to be used as a place for the manufacture of liquor; and also for manu-*792factoring it. He admits tbat be was in and about tbis meadow frequently a short time before tbe still was discovered-, tbat be directed tbe tearing down of tbe bouse and tbe sawing up of some of its timbers on its site, and was bimself in and about tbe place while tbis work was going on. Tbe State’s evidence established clearly tbat there was a well-beaten path from .this bouse to tbe still; tbat tbe fire wood used at tbe still came from tbe pile admittedly sawed under direction of tbe defendant; tbat setting on tbis pile of wood at tbe bouse was a lantern, smoked and beer-besprinkled, which bore traces of having been used at tbe still; and tbat tbe brick used in tbe furnace came from tbe chimney of tbis old bouse.
In S. v. Jones, 175 N. C., 709, Walker, J., for tbe Court, held tbat one was guilty of manufacturing if be furnished tbe still, or tbe corn, or tbe coal and wood to make tbe fire, or any other material used in tbe manufacture of liquor. A bill similar to tbe one in tbis case was passed upon and sustained by tbe Court at last term by Hoke, J., in S. v. Mundy, 182 N. C., 910.
Tbe defendant Smith,' according to tbe evidence, was identified with Brown in tbe whole affair. He was with him on nearly every occasion where Brown is shown to have appeared at or near tbe still. Smith shared not only in tbe beer left at tbe still, but in tbe whiskey which bad been made there, and was seen by two of tbe officers under suspicious circumstances, apparently going there to haul off tbe lumber after tbe still was cut up.
Tbe evidence was sufficient to submit to tbe jury, and would have authorized tbe inference tbat tbe parties were at tbe still tbat morning-before day preparing for tbe manufacture of whiskey, and made their escape before the officers got there, one of them carrying tbe lantern to tbe old bouse place, but blowing it out and setting it upon a pile of wood after they bad reached tbe open. Upon tbe evidence, taken as tbe law requires on a motion of tbis kind, in its most favorable aspect and with tbe most favorable inferences which tbe jury can draw therefrom in favor of tbe State, we could not say tbat there was no evidence fit to be submitted to tbe jury against tbe defendant Smith, although tbe evidence is not as full and complete against him as against bis codefendant. They were evidently associated, and there was evidence to convict Smith of aiding and abetting and hence guilty of tbe charge of manufacturing, C. S., 3409, as found by tbe jury.
We have stated and discussed tbis ease because it was argued before us, which would not have been done if we bad been advertent to tbe fact tbat tbis ease was tried at June Term, 1921; tbat tbe record was not docketed, nor any certiorari applied for at tbe fall term, and a certiorari would not have issued unless on good cause shown. Indeed, tbe appeal bond below was not filed until 11 March, 1922, and tbe appeal was not docketed here until 6 April, 1922.
*793Ruder tbe always uniform ruling of tbe Court, tbe appeal should have been dismissed. This has been often reiterated and several cases have been dismissed at this term accordingly. Tbe reason of tbe rule and tbe necessity for its uniform observance was restated as late as last week in S. v. Barksdale, ante, 785. Tbe Court will make no discrimination between litigants in tbe requirements which we have found necessary .and have always adhered to.
Appeal dismissed.