Whitten v. State

MORROW, Presiding Judge.

The conviction is for the unlawful possession of intoxicating liquor; punishment fixed at confinement in the penitentiary for one year.

Prom the State’s testimony, it is made to appear that the appellant possessed one quart of whisky and sold it to the State witness Jacobs. Appellant testified and denied the transaction but said that he had been indicted and convicted for the sale of the same liquor to the witness Jacobs.

Appellant entered a plea of former conviction which the court refused to submit to the jury. As we understand the plea and the evidence, there was but…