Rungan v. State

The indictment charged that the defendant unlawfully transported in quantities of five gallons or more liquors or beverages, the sale, possession, or transportation of which is now prohibited by law.

It is elementary law that, in order to sustain a conviction, the state must prove by evidence beyond a reasonable doubt every material allegation in the indictment.

Passing for the present a consideration of whether the defendant owned or had any thing to do with the ownership of the beer and the car in which the beer was transported, one of the material allegations of the indictment is that there…