Davis v. State

ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

If the testimony is under stood, it is as follows: No whisky was found in the appellant’s dwelling. In his barn was found a half gallon of whisky. Knowledge of its presence there was denied by the appellant. Kennedy, a neighbor, testified that he had placed the whisky in the appellant’s barn, and that he had not given him notice of that fact. It seems from the record that a railroad track was near the home of the appellant; that near the railroad track was a branch or a ravine in which there had grown up weeds and Johnson grass. Among the weeds…