Wells v. State

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

The State's Attorney with this court moves to dismiss the appeal on the ground of a defective recognizance. The recognizance sets up that the defendant has been convicted for the offense of "unlawful possession of intoxicating liquor." We have no such offense known to our law. The unlawful possession of intoxicating liquor FOR THE PURPOSE OF SALE, is an offense for which there may be conviction, but the offense is not complete unless the element of the possession of such intoxicating…