Pinkerton v. State

The defendant was tried by a jury and convicted of violating the prohibition law.

The evidence is without conflict that the officers found, near the home of appellant, a box containing thirteen pints of whiskey and apricot nectar. The officers, as witnesses for the State, testified appellant had the box, with its contents, in his arms when apprehended. Defendant admitted being in close proximity to the box at the time the officers approached him, but denied that he had it in his possession either actually or constructively.

Before entering into the trial, appellant moved for a continuance of…