Ferguson v. State

MORROW, Presiding Judge.

— The The offense is the unlawful possession of intoxicating liquor; punishment fixed at confinement in the penitentiary for a period of one year.

The unlawful manufacture of intoxicating liquor and the possession of such liquor were charged in separate counts. The court charging possession alone was submitted to the jury. The related nature of the offenses and .the evidence adduced in support of each of them were such that there was no error in refusing at an earlier stage of the trial to require the State to elect between the counts. Gonzales v. State, 12 Texas Crim.…