Wooten v. State

HAWKINS, Judge.

In the second count of the indictment appellant was charged with possession for the purpose of sale of spirituous, vinous and malt liquors containing in excess of one per cent of alcohol by volume, and in the fourth count with transporting such liquor. The two counts mentioned were submitted to the jury with an instruction that if they found appellant guilty they should state in their verdict under which count conviction was had. If in this connection the jury had also been told that conviction, if any, could be had only upon one of the counts submitted, the question now…