State v. Axley

The opinion of the court was delivered by

Mason, J. f

Ed Axley was prosecuted as a persistent violator of the prohibition law upon an information in two counts, the first charging him with the possession of intoxicating liquor, the second with its sale. He was acquitted on the first count and convicted on the second. He appeals on the ground that if the evidence proved him guilty of selling liquor it also necessarily proved him guilty of having the liquor in his possession. • -

*882The state’s evidence was substantially to this effect: Two federal prohibition agents made arrangements with one Ira…