Lloyd v. State

ON MOTION FOR REHEARING.

BERRY, Judge.

— Appellant contends in his motion for rehearing that we were in error in holding that the proof met the allegation contained in the indictment, to-wit: that the appellant unlawfully possessed for the purpose of sale spirituous, vinous and malt liquor capable of producing intoxication. The state saw fit to make this allegation in the indictment and for the purpose of meeting the allegation it introduced testimony showing that the appellant was in possession of fifty-nine quarts of tequila. We have searched the record for any testimony that shows or tends…