Shell v. State

Appellant was convicted of the violation of act 121 of the Acts of 1925, the first section of which reads as follows: “It shall be unlawful for any person, firm, or corporation to have in their possession any alcoholic, vinous, malt, spirituous or fermented liquor or any compound preparation thereof commonly called tonics, bitters, or medicated liquors for the purpose of sale as a beverage.”

The second section of this act provides that on conviction the person shall be fined in any sum not more than $1,000 and not less than $50.

The jury found the appellant guilty and fixed his punishment at a…