Beal v. State

Plaintiff in error was convicted on a charge that he did have the possession of five quarts of whisky with intent to sell the same, and his punishment was fixed at a fine of fifty dollars, and confinement in the county jail for thirty days. From the judgment following, rendered on the 19th day of December, 1914, an appeal was perfected by filing in this court'on February 22, 1915, a petition in error with case-made. Upon the.trial the court instructed the jury in part as follows:

“No. 2. If in this case you believe from the evidence that the defendant at the time and place alleged in the…