Jones v. State

Offense, the unlawful possession for the purpose of sale of intoxicating liquor; penalty, one year.

The testimony of the officers showed that they went into a building occupied by appellant, and there saw appellant and another sitting at a table with a bottle of whisky before them. One of the officers testified:

“I will swear that that is a quart bottle of whisky and a quart of whisky. * * * It may be a short quart and it may be a long quart; I don’t know. * * * I would not tell the jury which this is. * * * It might be either one.”

The court charged the jury in part:

“Our law provides that proof…