Lindsey v. State

DAVIDSON, Judge.

This is a conviction for the unlawful possession of whisky for the purpose of sale in a dry area; the punishment, a fine of $100.

The amount of whisky alleged to have been possessed was a half-pint. The prima facie evidence rule (Art. 666-23a, Sec. (2), Vernon’s P. C.) did not apply. Therefore, in order to convict, it was incumbent upon the state, without the aid of the prima facie evidence rule, to introduce evidence showing that the one-half pint of whisky was possessed by appellant for the purpose of sale. To meet this burden the state relies upon the following facts:

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