Thomas v. State

This appeal is upon the record proper, without a bill of exceptions.(1) The affidavit or complaint herein dated June 29, 1915, charges that defendant “did keep or have in his possession for sale or delivery spirituous, vinous, or malt liquors.” The jury returned a verdict of guilty and assessed a fine of $100, as appears from the judgment entry. The judgment entry further recites as follows:

“It is considered and adjudged by the court that the defendant is guilty of selling liquor.”

Under our prohibition statutes “selling,” “offering for sale,” and “keeping for sale” are separate and distinct…