Berry v. State

ON REHEARING.

March 21, 1923.

MORROW, Presiding Judge.

The indictment charges that the appellant directly and indirectly manufactured intoxicating liquor.

No motion to quash the indictment or in arrest of judgment was filed, but for the first time orí'appeal it is contended that the indictment is bad because it does not use the word “unlawfully” in describing the offense. The statute makes it unlawful to transport intoxicating liquor; but provides that the appellant may show by evidence that he was transporting the liquor for one of the purposes permitted by the statute, namely, for medicinal,…