Henderson v. State

(dissenting).—I cannot agree with my brethren in affirming this judgment. They dispose of the entire record, by stating that this case is similar to that of Tombeaugh v. State, decided at the present term. The facts in this case are practically the same as introduced by the State and appellant. There being but two witnesses, Erwin (the alleged purchaser) and appellant, in his own behalf, Erwin testified that he had been sick, and feeling badly went to appellant and requested him to let him have some whisky. Appellant declined. He then requested appellant for a loan of some whisky until his…