Cunningham v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

In his motion for rehearing appellant insists that we reached a wrong conclusion in holding that the evidence showed a joint sale of liquor to Brooks and Tutt as was alleged in the indictment.

Brooks and Tutt were working in a sand pit about twenty-five or thirty feet from the road. Tutt testified as to what occurred as follows:

“Mr. Cunningham came up in a Ford roadster and stopped and called me out there, — when he stopped he picked up a pint and held it out and asked us if we wanted it. I asked Ennis (Brooks) and he said ‘Hell, yes, we’ll take two of…