McBride v. State

CHRISTIAN, Judge.

— In the first count of the indictment appellant was charged with transporting intoxicating liquor; and in the second count with possessing intoxicating liquor for the purpose of sale. Both counts were submitted to the jury with the instruction that if the jury should find appellant guilty “under either or both counts of the indictment” the punishment would be assessed at imprisonment in the penitentiary for not less than one nor more than five years. A verdict was returned finding appellant guilty of “possession and transporting whisky as charged in each count in the…