State v. Howard

The defendant Howard is jointly indicted with W. A. Russell for the transportation of intoxicating liquor for beverage purposes.

Russell pleaded guilty and was duly sentenced. Howard, after plea of not guilty, was tried and convicted.

On appeal, the defendant complains of the refusal of the trial judge to be governed by two special charges, which it is contended are applicable to the facts of the case.

The court was asked to charge itself:

“(1) That if Howard had no knowledge, of the whisky being in the back end of the eoupé, as the facts seemed to mdieate, it is the court’s duty to find the…