Gates v. State

ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

— According to the testimony of the State’s witnesses the appellant delivered to Roy Hedrick a pint of whisky for which he was paid by Hedrick $2.00, of which amount Hedrick furnished $1.50 and Kalmback furnished fifty cents. According to the appellant’s testimony, he and Headrick each contributed a dollar which was placed in the possession of the appellant and which, by agreement, was designed should be used in the purchase of liquor. Appellant knew a Mexican from whom whisky could be bought, and using the joint funds, he did go to the Mexican…