Morris v. State

MORROW, Presiding Judge.

The conviction is for violation of the intoxicating liquor law; punishment fixed at confinement in the penitentiary for a period of three years.

The count in the indictment upon which the conviction rests contains this language:

“. . . did then and there keep and was interested in keeping a building, room and place used for the purpose of selling spiritous, vinous and intoxicating liquors and malt liquor and medicated bitters, capable of producing intoxication.”

The indictment is attacked upon the ground that it fails to charge that the building was “knowingly” kept for…