Matlock v. State

Mr. Justice- Swiggart

delivered the opinion of the Court.

The presentment upon which the plaintiff in error was tried and convicted contains a single count, and charges that the plaintiff in error unlawfully possessed intoxicating liquor received from a common or other carrier.

In submitting the case to the jury the trial judge made no reference to that portion of the accusation which described the intoxicating liquor possessed by the plaintiff in error as having been received by him from a carrier, and instructed the jury that if the plaintiff in error was in possession of intoxicating liquor…