Huddleston v. State

MORROW, Presiding Judge.

The offense is the unlawful possession of a preparation containing in excess of one per cent of alcohol by volume; punishment fixed at confinement in the penitentiary for a period of two years.

The indictment reads thus:

“ * * * J. L. Huddleston did then and there unlawfully possess and have in his possession for the purpose of sale, a preparation containing in excess of one per cent of alcohol by volume.”

The sufficiency of this pleading is attacked upon various grounds. The statute upon which the prosecution is founded reads thus:

“It shall be unlawful for any person * *…