Gilbert v. State

McGehee, J.,

delivered the opinion of the court..

The appellant, Toye Gilbert, was convicted of the unlawful possession of intoxicating liquor, upon an affidavit charging that he, “on or about the 10th day of June, 1944, in the county aforesaid, did have in his possession whiskey, against the peace and dignity of the State of Mississippi. ’ ’

The affidavit neither charged, nor did the instruction given on behalf of the state require the jury to believe, that the defendant had in his possession-whiskey “unlawfully”; but insofar as the affidavit is concerned, it was held in the case of Irby v.…