Dean v. State

ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

In the indictment it was charged that the appellant “did then and there unlawfully possess for the purpose of sale, certain spirituous, vinous and malt liquors capable of producing intoxication.” In submitting the case to the jury for finding the court used the following language:- “* * * did unlawfully have in her possession intoxicating liquor for the purpose of sale.” It is asserted in the motion for new trial that there is fundamental error in the failure of the court in instructing the jury to use the verbiage in which the offense was…