Stapler v. State

LATTIMORE, Judge.

— Conviction for selling intoxicating liquor ; punishment, two years in the penitentiary.

The testimony in this case presents a condition of conflict, that of the state establishing the sale; that of the appellant tending to establish an alibi, which was the defensive theory. The jury are the exclusive judges of the credibility of the witnesses as well as the weight of their testimony, and unless there appears something from which an unfair exercise of the right and power confided in the jury, is shown, we decline to interfere with their conclusions.

We find in the record…