Stephens v. State

MORROW, Presiding Judge. —

The offense is the unlawful possession of intoxicating liquor, punishment fixed at confinement in the penitentiary for one year.

Acting under a search warrant, the premises of the appellant were searched and found to contain about three gallons of whiskey. There were also some empty fruit jars and a barrel of mash. The whiskey was buried on the premises.

At the time of reading his main charge the court instructed the jury, giving them a definition of “prima facie evidence” in substantially the same language as that term was defined in Floeck v. State, 34 Tex. Crim.…