Wooten v. State

Ethridge, J.,

delivered the dissenting* opinion.

The appellant was convicted in the circuit court of Leake county for the offense of unlawfully possessing intoxicating liquor and fined one hundred dollars, from which judgment he appeals to this court.

The principal question raised on the appeal is that there was no indictment upon which the appellant could be lawfully tried. There is in the record the form of the indictment purporting to be returned at the April, 1928, term of the circuit court of Leake county; there is no indorsement by the clerk upon this indictment as required bv section…