Benson v. State

John Benson was indicted in two counts for unlawfull having in his possession a certain quantity of intoxicating liquors as second offender and for unlawfully transporting such liquors as a second offender.

The verdict was: “We the jury find the defendant guilty of first count, so say we all.” Upon that verdict the greater penalty provided by Chapter 9266 Laws of Florida, 1923, was imposed. The sentence being imprison*104ment in the State penitentiary for one year at hard labor and the payment of a fine of one hundred dollars.

There was a motion to quash the indictment which was overruled.

The…