Lindsey v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

There is no merit in the renewed contention that the indictment was defective in not alleging that accused was in possession of more than a quart of intoxicating liquor for the purpose of sale, the contention being based on the theory that as the State expected to rely upon proof of possession of more than a quart the indictment should have so averred. As stated in our former opinion, the law makes the possession for sale of any quantity of intoxicating liquor, an offense, and when the State alleges this it has charged a crime.. Because the State…