Penny v. State

CHRISTIAN, Judge.

The offense is possession of intoxicating liquor for the purpose of sale; the punishment confinement in the penitentiary for one year.

Operating under a search warrant, officers searched appellant’s private residence and found therein seven hundred and forty-five gallons of whiskey. Appellant offered no testimony.

Appellant objected to the testimony of the officers touching the result of the search on the ground that it was not shown in the affidavit for the search warrant that appellant’s private residence was a place where intoxicating liquor was sold or manufactured. It was…