Porter v. State

— Upon a charge that he did "unlawfully have in his possession, custody and control certain alcoholic and intoxicating liquors and beverages not permitted by law, to-wit: rum or moonshine whiskey,” one Duke Porter was convicted in the County Judge’s Court and sentenced to a fine and imprisonment. The judgment of conviction states that "said sentence of imprisonment being imposed because by Acts of 1923, imprisonment is required.” The sentence was affirmed by the Circuit Court.

On certiorari issued by this court, it is contended that Chapter 8266, Acts of 1923, under which the sentence was…