Childress v. State

The information in this case charges that in Love county, August 28, 1923, John Childress, Orton Townsend, and 0. Nichols “did then and there have in their possession intoxicating liquor, to wit, one-half gallon of corn whisky” with the unlawful intent to violate the prohibitory liquor laws of the state. On the trial the jury returned a verdict finding the defendants guilty as charged in the information, and fixing their punishment at $50 fine and 30 days in jail each.

The undisputed facts are that N. N. Smith, sheriff of Love county, and J. W. Stafford, his deputy, were going west in an…