State v. Montgomery

The information charged defendant with being a bootlegger. It recited that, on a day-named, in Lincoln county, in this state, he “did then and there unlawfully and feloniously carry about with him intoxicating liquor, to wit: whiskey, for the purpose of the unlawful sale of the same.” Under instructions from the court permitting it to so do, the jury found defendant guilty of unlawfully having possession of intoxicating liquors.

On his appeal here the defendant contends that the laws of the state with respect to traffic in and possession of intoxicating liquors as a beverage are abrogated and…