Opinion
Argued April 3, 1929
Affirmed April 16, 1929
From Washington: GEORGE R. BAGLEY, Judge.
For appellant there was a brief over the names of Mr. E.B. Tongue, District Attorney, and Mr. P.L. Patterson, Deputy District Attorney, with an oral argument by Mr. Tongue.
For respondent there was no appearance.
AFFIRMED.
This case involves the question of whether or not a person receiving from another a bottle of intoxicating liquor for the mere purpose of taking a drink therefrom, and then returning the bottle, is guilty of unlawful possession of intoxicating liquor. The learned circuit judge ruled against the state from which the district attorney has appealed. The learned district attorney presented a cogent and logical argument for reversing the ruling of the Circuit Court. The case is controlled, however, by the case of State v. Williams, 117 Or. 238 ( 243 P. 563). The judgment is affirmed.
AFFIRMED.