Fleming v. State

OPINION

MORRISON, Judge.

The offense is sale of whiskey in a dry area; the punishment, three months in jail and a fine of $200.00.

The record has been approved, and the case will now be considered on the merits.

Appellant’s first ground of error is the trial court’s failure to permit him to procure the deposition of Constable McLain who was unable to personally appear and testify because of ill health. Appellant failed to comply with the requirements of Article 39.02, Vernon’s Ann.C.C.P., with regard to the taking of depositions by a defendant, and because of such failure his ground of error is…