Hooper v. State

MORROW, Presiding Judge.

The conviction is for the unlawful possession of intoxicating liquor; punishment fixed at confinement in the penitentiary for a period of two years.

There were two counts in the indictment: one charging the unlawful possession, for the purpose of sale, of spirituous, vinous and intoxicating liquors; the other charging the possession of spirituous, vinous and intoxicating liquors, containing in. excess of one per cent of alcohol by volume. These were proved by the same evidence, and we think there was no error in the court’s refusal to require the State to elect as…