Herndon v. State

CHRISTIAN, Judge.

The offense is the possession for the purpose of sale of a potable liquor containing in excess of one per cent of alcohol by volume; the punishment, confinement in the penitentiary for one year.

A quantity of home brew was discovered by officers in the living quarters of appellant. An analysis disclosed that some of the liquor contained approximately seven per cent of alcohol by volume. There was no proof that appellant had ever sold or offered to sell liquor of any kind. Appellant did not testify;

The count of the indictment under which appellant was convicted charged that…