Albin v. State

KRUEGER, Judge.

The offense is the possession of whisky in a dry area for the purpose of sale. The punishment assessed is a fine of $400.00.

Appellant’s chief complaint is that the evidence is insufficient to justify and sustain his conviction. With this contention we agree.

The primary offense charged was the possession of whisky for the purpose of sale in a dry area. To support this allegation the State depended upon testimony showing that appellant had in his possession a quart of whisky, together with testimony to the effect that some fifteen months prior thereto he had sold a pint of whisky…