Gordon v. State

The plaintiff in error was under Section 5486, Revised General Statutes, 1920, convicted on an information charging the unlawful sale of “intoxicating beverage,” it being also alleged that he had theretofore been convicted “of the. crime of unlawfully having in his possession, custody and control intoxicating liquors.” This being a felony under the statute, the maximum penalty of imprisonment for three years in the State penitentiary was imposed.

In a criminal prosecution every essential element of the offense charged must be proven by competent evidence; and the best evidence reasonably…