Ellison v. State

GRAVES, Judge.

Appellant was convicted of the unlawful possession of intoxicating liquor in a dry area and assessed a fine of $100.00, and he appeals.

The state’s testimony shows that a constable of Upshur County, while driving on a highway in said county, noticed the erratic driving of a car in front of him. Upon approaching the car, he hailed the driver, who stopped the car, and while talking to the occupants of such car, the constable observed a case of 48 one-half pints of what he took to be whisky, as well as ten more half-pints of whisky therein. He took charge of *449the liquor as well as…