Clark v. State

KRUEGER, Judge.

*64The conviction is for the offense of possessing whisky in a dry area for the purpose of sale. The punishment assessed is confinement in the county jail for a period of sixty days.

The State’s testimony, briefly stated, shows that- on the afternoon of September 5, 1941, the officers, armed with a search warrant, went to appellant’s apartment over a garage and made a search thereof. As a result of the search they found some whisky in one-half pint bottles, but the testimony is very hazy as to whether they found more than a quart. However, inasmuch as we will dispose of this case…