Corrisco v. State

MORRISON, Presiding Judge.

The offense is the possession of beer in a dry area for the purpose of sale; the punishment, 90 days in jail and a fine of $500.00.

Armed with a search warrant, the officers searched the appellant’s home and found a quantity of beer which was less than the quantity required to raise the legal presumption that he possessed it for the purpose of sale. The state is therefore relegated to the proof as to the beer found outside the residence in order to support this conviction.

Our able state’s attorney has confessed error herein, and we agree. The officers testified that…