Smith v. State

LATTIMORE, Judge.

— Conviction for possessing intoxicating liquor for purposes of sale; punishment, one year in the penitentiary.

This case must be reversed for the following reasons: First, the trial court told the jury in his charge that the possession of more than a quart of intoxicating liquor was prima facie evidence that same was possessed for the purpose of sale, but failed to define what was meant by prima facie evidence. The failure was excepted it. Caldwell v. State, 101 Texas Crim. Rep., 76, 273 S. W., 608; Ayres v. State, 21 Texas App., 399, 17 S. W., 253.

The court erred in…