Kennedy v. State

On Motion for Rehearing.

MORROW, P. J.

Conviction is for the unlawful transportation of intoxicating liquor; punishment fixed at confinement in the penitentiary for one year.

Appellant had in his possession a quart bottle of whisky while he was traveling on the train for a distance of about 16 miles.

There is no affirmative evidence that he possessed it for an unlawful purpose. It is expressly declared in the statute that the possession of a quart of intoxicating liquor creates no inference that it is possessed for an unlawful purpose.

The views of this court, touching the law applicable to a…