State v. Watson

Sykes, P. J.,

delivered tbe opinion of the court.

Alva Watson was tried and acquitted of tbe offense .of unlawfully having in bis possession more than a quart óf whisky. Prom which judgment of acquittal the state prosecutes an appeal here under section 16, Hemingway’s Code (section 40, Code of 1906), under paragraph 2 thereof, which in effect provides that tbe state may appeal from a judgment acquitting a defendant where a question of law has been decided adversely to tbe state. In such ease, however, the defendant is not subject to be retried.

The state contends that the court erred in…