Barrett v. State

The plaintiff in error, hereinafter called defendant, was convicted in the county court of Kay county on a charge of having possession of 14 gallons of whisky, 7 gallons of alcohol, and 3 gallons of wine, and was sentenced to pay a fine of $150 and be confined in the county jail for a period of 90 days.

When the state rested, the defendant demurred to the evidence as being insufficient to support the allegations of the information. At the time the demurrer was presented, the defendant did not point out the particular fact wherein the state had failed to prove its case. In the brief, defendant…