Marshburn v. State

MORROW, Presiding Judge.

Possession of intoxicating liquor for the purpose of sale is the offense; punishment fixed at confinement in the penitentiary for a period of one year.

The indictment charges that the appellant “did then and there unlawfully possess for the purpose of sale spirituous, vinous and malt liquor capable of producing intoxication.” The court instructed the jury in the language of the indictment. Appellant takes the position that the charge is wrong in that there was no evidence showing the possession of vinous liquor and no testimony that at the time of her arrest she…