Henson Pettigrew v. State

BAKER, Judge.

The appellants were convicted in the District Court of Archer County, and their punishment assessed at five years each in the penitentiary.

The record discloses that the appellants were charged by indictment and convicted under the first count thereof, which alleged that they “did then and there unlawfully possess for the purpose of sale, spirituous, vinous and malt liquors containing in excess of one per cent of alcohol by volume, etc.” This was the only count submitted by the court to the jury, and the one upon which the conviction was based. There are several questions raised…