Scott v. State

MARTIN, Judge.

— Appellant was convicted under the secohd count of an indictment which charged that he “did then and there unlawfully possess for the purpose of sale spiritous, vinous and malt liquor capable of producing intoxication.” The penalty assessed was one year in the penitentiary.

The proposition is very interestingly argued that the evidence is insufficient to show that the liquor in question was spiritous, vinous or malt and likewise insufficient to show that it was capable of producing intoxication. It is earnestly insisted that the record as a whole shows that the liquor possessed…