Lay v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge. —

Appellant renews the insistence in his motion for rehearing that the evidence is not sufficient to support the conviction. We have again carefully examined the statement of facts and are not able to agree with appellant. Officers had watched the still for four days and saw appellant go to it on each day; upon the last occasion when they made their presence known appellant said, “It looks like a poor man couldn’t have something to make a little money with without being bothered.” One of the officers testified that based on his knowledge he would say…