Byrd v. State

This prosecution was for a violation of the prohibition law; the specific charge being the possession of three bottles of home brew which was shown by the evidence to possess alcohol, and looked like beer, also foamed like beer. The prosecution originated in the county court upon affidavit and warrant sworn out by one T. F. Blackburn. From a conviction in the county court this appellant appealed to the circuit court, was there tried by a jury, again convicted, from which judgment of conviction this appeal was taken.

The evidence was in conflict thus making a jury question: The trial court…