Davis v. State

ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

The conviction was for the unlawful possession of intoxicating liquor for the purpose of sale-. In submitting the matter to the jury, the court defined the offense thus:

“Our statutes provide that it shall be unlawful for any person in this state to possess intoxicating liquor. Whiskey is intoxicating liquor.”

In no other part of the charge is the offense defined, and the court declined to amend his charge in response to objection and exception properly presented challenging the sufficiency and accuracy of the definition of the offense. In a…