Tate v. State

The defendant was charged with having in his “possession, custody, and control spirituous, alcoholic, malt, and intoxicating liquors.” An officer testified: “In the backyard of defendant, and about forty feet from the house, and buried in the ground, I found a gallon of whisky. Under a manure pile nearer th'e house I found three pints of whisky.” In his statement the defendant denied any knowledge of the presence of the whisky on his premises. The jury returned a verdict of guilty, and the defendant made a motion for a new trial, several grounds of which were based on alleged errors in the…