Warden v. State

Plaintiffs in error were convicted of possession of intoxicating liquors for sale, as a second-offense felony (T.C.A. secs. 39-2527, 39-2528), and their punishment fixed by the jury at three years in the penitentiary. The Trial Judge entered judgment sentencing them to not less than one year nor more than three years in the penitentiary. They appealed in error.

T.C.A. sec. 39-2527 makes possession of intoxicating liquors for sale a misdemeanor punishable by fine of not less than $100.00 nor more than $500.00, and imprisonment for not less than 30 days nor more than six months. T.C.A. sec.…