Bivens v. State

BRICKEN, Presiding Judge.

The prosecution in this case was upon an indictment which charged this appellant (defendant-below) with the offense of violating the prohibition laws of the State by having possession of prohibited liquors. The indictment was in the usual form and charged, in the alternative, that he “did sell, possess, or have in his possession illegally, prohibited liquors, or beverages,' contrary to law.”

As stated by the trial judg'e in the oral charge, there was no insistence by the State that the defendant “sold” prohibited liquor, therefore the inquiry was confined to the…