Autrey v. State

MARTIN, Judge.

Offense, the unlawful possession for the purpose of sale of intoxicating liquor; penalty, two years in the penitentiary.

Officers searching the residence of appellant found therein a half gallon of whiskey and a quantity of empty half-pint bottles. Appellant introduced evidence from physicians tending to show that the whiskey was kept by him as a medicine for his wife. There was no evidence of any sale. On motion for new trial jury misconduct was alleged and jurors testified in substantiation of same. From the testimony of Juror Davis we quote.

“Yes, I think there was something…