Brazeale v. State

This is an appeal from a conviction for having intoxicating liquor in possession. When arrested, the appellant was in the act of taking a drink of whisky from a bottle. According to his version of the matter, the liquor Avas the property of another, Avho had just handed it to him, so that he might take a drink thereof.

The court charged the jury, at the request of the state, to find the defendant guilty if they believed from the evidence beyond a reasonable doubt that he — “did Avillfully and unlawfully take into his hands and thereby have in his possession a bottle containing intoxicating…