Pate v. State

CARR, Judge.

This appeal is here from a judgment of conviction in the lower court on a charge of a violation of the prohibition law.

The question of most concern presented by the record is the action of the trial court in refusing to the defendant the general affirmative charge.

Without conflict in the evidence the searching officers found a quart fruit jar of whiskey under the edge of the porch of appellant’s dwelling and also some bottles in the house that had “enough in them to run.” At the time of the search the home was occupied by the appellant, his'wife, a small child, and a son. All of…