Newton v. State

on rehearing.

June 29, 1923.

MORROW, Presiding Judge.

— When Scott purchased, received and paid for the liquor which he bought from appellant, the witness Clarkson was present. He disclaimed any foreknowledge that the particular transaction took place, but conceded that he had known of others like it and had himself upon occasions purchased liquor from the appellant; that while there was no mutuality between Scott and himself in the matter of either act or interest in the present transaction or any other, it was known to each of them that they were at liberty to drink the liquor purchased. There…