Smith v. State

Ezell Clerkley was found in possession of beer and whiskey in a dry area. He testified that it was being kept for the purpose of sale and that it belonged to appellant who was paying him to keep it for her.

That Ezell Clerkley was guilty of the offense of possessing whiskey and beer for the purpose of sale, and therefore an accomplice witness, is beyond question. He was found in possession of the beer and whiskey and admitted his participation in its keeping for the purpose of sale.

If Clerkley’s testimony is to be believed, and the jury evidently chose to accept it as true, appellant was…