State v. Snipes

It is necessary to consider the case with reference to the second and third counts only, for as to the first there was no instruction by the court, and presumably no consideration, and certainly no verdict by the jury.

The defendant first moved to dismiss the action on the ground that the evidence, if accepted, did not show that he had received any whiskey within the meaning of the statute — that finding a thing and taking it-into one’s possession is not synonymous with receiving it. We are therefore required to construe the statute (C. S., 3385), and in construing it to ascertain the object…