Boyd v. State

The Court of Appeals certified to this court the following question: “ Where in one count of an indictment it is alleged that the defendant, on November 15, 1922, did sell spirituous liquors,'etc., and in the second count of the same indictment it is alleged that the defendant, on the same date did have, possess, and control spirituous liquors, etc., and the same evidence is relied upon to convict under both counts, and the evidence adduced demands a conviction under both counts, and the court instructed the jury upon both counts of the indictment, is a verdict, finding the defendant guilty…