Hemby v. State

BRICKEN, Presiding Judge.

The indictment in this case contained one count which charged this appellant with the offense of violating the prohibition law by having whisky in his possession. The evidence upon the trial was in conflict and therefore presented a jury question. The .jury returned a verdict of “guilty as charged in the indictment” and assessed a fine of $50. The defendant having failed to pay the ■fine and costs, or to secure same, the court .sentenced him to hard labor for the county designating the required time at hard labor .to pay the fine and cost, and added four months’ hard…