Uptmore 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.

Operating under a search warrant, officers searched appellant’s private residence and found therein several gallons of whisky. The State relied upon the testimony of the officers, touching the result of the search, for a conviction. Appellant offered no testimony.

There was no evidence that appellant had sold or offered to sell intoxicating liquor. The court submitted an ' instruction on the presumption arising from possession of more than a…