Cox v. State

KRUEGER, Judge.

The offense is possession of whiskey in a dry area for the purpose of sale. The punishment assessed is a fine of five hundred dollars.

The record reflects that officers of Henderson County went to appellant’s garage armed with a search warrant and searched same. The search revealed five and one-half quarts of whiskey. It was agreed by appellant and the state that Henderson County was a dry area.

Appellant denied that he had the whiskey for the purpose of sale. He claimed that he was a heavy drinker and had it for his personal use. This raised an issue of fact which the jury…