Tipton v. State

The appellant was convicted on an information charging that he did have in his possession about one-half gallon of whisky with the unlawful intent to sell the same. The jury failed to agree on the punishment. Motion for new trial was duly filed, overruled, and the court sentenced the defendant to imprisonment in jail for 60 days and to pay a fine of $250.

The errors assigned question the sufficiency of the evidence to sustain the verdict, and that the punishment imposed is excessive.

It appears that in executing a search warrant issued by the county judge, J. W. Counts, city marshal of Mian…