Brunello v. State

LATTIMORE, Judge.

Conviction is for possessing intoxicating liquor for the purpose of sale; punishment, two years in the penitentiary.

The facts seem ample to justify the conclusion of guilt. Appellant attacks the affidavit for the search warrant. The affidavit is positive in form and states that intoxicating liquor “is being sold and manufactured for sale” by the appellant at his residence. The affidavit was sufficient. Ware v. State, 110 Tex. Cr. R. 90; Bird v. State, 110 Tex. Cr. R. 99; Staglik v. State, 111 Tex. Cr. R. 623.

In his charge to the jury the court told them that whisky was a…