McDaniel v. State

LATTIMORE, Judge.

— Conviction for transporting intoxicating liquor; punishment, one year in the penitentiary.

The indictment contains two counts, the second being for the transportation- of intoxicating liquor containing more than one per cent of alcohol by volume. This count only was submitted to the jury in the charge of the court. The statement made by-appellant two or three days prior to his arrest upon the charge in this case, that he was making a living selling home brew, seems admissible. In the development of the facts here it came out that a carton or case of beer or home brew was…