His Honor said to the jury that the first question to decide was “whether the man had the whiskey in his possession; if he did, that would make him guilty of keeping it unlawfully.” The defendant excepted.

In any point of view the instruction was erroneous. The jury should have been permitted, upon the whole of the evidence, to say whether or not the defendant was guilty as charged. Por this error, without passing upon the other exceptions, there must be

New trial.