Colter v. State

MORROW, Presiding Judge.

Conviction is for the unlawful possession of intoxicating liquor.

Appellant presented a plea of former conviction in which it was averred that based upon the identical facts and evidence relied upon by the State in the instant case, he had been convicted of the sale of intoxicating liquor. The court sustained the exception to the plea on the theory that as a matter of law the possession of intoxicating liquor for the purpose of sale and the sale of the same liquor embraced, in all eases, two offenses. One may possess liquor for the purpose of sale and by selling the…