Byrd v. State

MORROW, Presiding Judge.

The conviction is for unlawfully transporting intoxicating liquor; penalty assessed at confinement in the penitentiary for one year.

Appellant is charged by an indictment containing two counts. The first count charges that he “did then and there unlawfully possess for the purpose of sale liquor capable of producing intoxication.” In the second count it is charged that he “did then and there unlawfully transport liquor capable of produc*135ing intoxication.” The conviction is based upon the second count.

Due to changes in the Constitution and in the statutory law of the state…