Butts v. State

HAWKINS, Judge. —

Conviction is for possessing intoxicating liquor for the purpose of sale, punishment being one year in the penitentiary.

Prosecution and conviction was under a count in the indictment which charged that appellant in Winkler County, Texas, possessed “for the purpose of sale liquor capable of producing intoxication.”

No statement of facts is brought forward, the sole attack being on the sufficiency of the indictment, which question was raised by motion in arrest of judgment. We observe that in the charge the court told the jury that “whisky” was a spirituous liquor capable of…