Cropper v. State

WOODLEY, Judge.

The conviction is for the possession of whisky for the purpose of sale in a dry area; the punishment, ninety days in jail and a fine of $500.

The sufficiency of the evidence to sustain the jury’s verdict is the sole question presented by the appeal.

There is no proof in the record that appellant ever sold whisky, and the state relies upon the statutory presumption arising from the possession of more than a quart of whisky in a dry area.

Whether appellant was in possession of whisky other than the two pints he had in his hands is the fact question in issue, the state relying upon…