Sproulen v. State

LATTIMORE, Judge.

Appellant was convicted in the District Court of Fannin County of possessing intoxicating liquors for purposes of sale, and his punishment fixed at one year in the penitentiary.

The questions presented herein are mainly those raised and discussed in Walker v. State, No. 8212, opinion on April 2, 1924. In the instant case, in his argmuent to the effect that the exceptions to the liquor law are part of the substantive description of the offense and therefore the indictment failing to negative such exceptions was defective, appellant cites and quotes from Rice v. State, 38 S. W.…