Bracken v. State

CHRISTIAN, Judge.

The offense is possession of intoxicating liquor for the purpose of sale; the punishment confinement in the penitentiary for one year.

It was charged in the indictment that the liquor in question was spirituous. The proof showed that said liquor was what is commonly known as “home brew.” No effort was made to show that “home brew” was a spirituous liquor. Having seen fit to charge in its indictment that appellant possessed a spirituous liquor, it was incumbent upon the state to support said allegation by proof. In Chaves v. State, 275 S. W. 1006, it was averred that the liquor…