Harbin v. State

The defendant was convicted on a charge that he "did have in his possession spirituous liquors * * * contrary to law" — the prosecution being under subdivision 2 of section 2, of Act January 25, 1919, Gen. Acts 1919, p. 6.

The state's evidence was to the effect that the defendant, when arrested, had a jug of liquor in his arms, and was in the act of drawing the cork, and had on his person some bottles such as are used for holding liquor.

"The defendant, however," as the opinion of the Court of Appeals recites, "offered evidence tending to show that he had no interest in the liquor, that it was…