State v. Brown

Defendant was convicted in the Circuit Court of Greene County of unlawful possession of intoxicating liquor, viz., corn whisky, and pursuant to the verdict was sentenced to six months imprisonment in jail and to pay a fine of $500. His appeal was properly granted to this court because of a constitutional question raised at the trial and preserved in the motion for new trial.

Defendant and his wife were first charged jointly by information with a felony, viz., transportation of one gallon of hootch, moonshine, corn whisky. Upon trial on that information Mrs. Brown was acquitted and this…