State v. Reynolds

MORRIS, Judge.

The defendant assigns error to the following portion of the court’s instruction to the jury:

“Now in this case you may consider one of two verdicts, guilty of possession of non-tax-paid liquor and guilty of selling it, or not guilty.”

It is his contention that this charge did not give the jury the alternative of finding him guilty of either possession or sale of the whiskey.

In this case, the warrant charged that defendant had “in his possession non-taxpaid whiskey and for the purpose of sale and did sell same to State ABC Officer John Roberson (undercover) to wit: (1) one pint.”…