McPhail v. State

CHRISTIAN, Judge.

The offense is possession of intoxicating liquor for the purpose of sale; the punishment confinement in the penitentiary for one year.

Officers searched appellant’s restaurant and found therein approximately a gallon of whiskey. A witness for the state testified that he bought a pint of whiskey from appellant shortly before the search was made. Appellant offered no testimony controverting the fact that he had sold liquor to the witness. The officers had a search warrant, which the trial court held to be invalid.

One of the officers testified that when he first went to…