People v. Buttulia

This is an appeal by the defendant from a judgment entered upon a verdict of a jury finding him guilty of illegally possessing intoxicating liquor on the eleventh day of April, 1924. Defendant admitted the charge of prior convictions of the same offense.

The first point made upon appeal is that the information fails to charge a public offense because it fails to negative the excepted uses mentioned in the Volstead Act in that it does not state that the liquor was not possessed by defendant in his private dwelling, occupied by him and possessed merely for his personal use and consumption. No…