Barkett v. State

Krueger, Judge. —

Appellant was convicted of unlawfully possessing beer for purpose of sale in dry area. His punishment was assessed at a fine of $1,000.00 and confinement in the county jail for twelve months, the maximum punishment prescribed for such offense.

Appellant contends that the court erred by instructing the jury with reference to the punishment prescribed by subdivision 41 of Article 666, P. C., which he claims relates only to whisky., when under the charge in the information, he should have instructed them relative to the punishment prescribed by Section 25 of Article 667, P. C.,…