La Barba v. State

MORROW, Presiding Judge.

— Unlawfully transporting material for the manufacture of intoxicating liquor is the offense; penalty assessed at confinement in the penitentiary for two years.

The description of the offense in the count in the indictment upon which the conviction rests is as follows: “* *'* did then and there unlawfully and knowingly transport yeast, the same then and there being material for the manufacture of spirituous, vinous and malt liquors capable of producing intoxication.”

The evidence shows that the appellant conveyed about fifty pounds of yeast to a place in which there was…