Green v. State

MORROW, Presiding Judge.

Possession of intoxicating liquor for the purpose of sale is the offense; penalty assessed at confinement in the penitentiary for one year.

The State’s evidence conclusively shows that the appellant possessed a quantity of beer which, when analyzed, was shown to contain something over four per cent of alcohol by volume. No testimony was introduced by the appellant.

No complaint of the court’s ruling is brought up for review save that which complains of the refusal to grant a new trial. The position taken by the appellant is that subdivision 5 of Article 753, C. C. P.,…