Ellis v. State

PRICE, Judge.

The appellant was convicted in the lower court under an indictment charging the transportation of illegal whiskey in quantities of five gallons or more.

The prime disputed factual issue revolves around the identity of the accused.

Without conflict in the evidence two highway patrolmen, in the nighttime, chased a truck for some distance down the road and after considerable difficulty were able to finally stop the speeding vehicle. Two men jumped out when the truck came to rest, and escaped in the darkness. One hundred twenty-five gallons of “moonshine’' whiskey were found in the…