Newsome v. State

BAKER, Judge.

The appellant was convicted in the District Court of Upshur County for the unlawful possession of intoxicating liquor, and his punishment assessed at three years in the penitentiary.

The indictment in this case charges that on or about the 15th day of October, 1924, the appellant unlawfully possessed intoxicating liquor for the purpose of sale. The state, in developing its case in chief, introduced the witnesses, Collier and Potter, who testified to having found, on the date alleged in the indictment, a gallon of whiskey in" appellant’s garden. The state also introduced “in…