Reese v. State

(dissenting).—The proof of appellant’s guilt was clear, brief and uncontradicted. It showed that on Saturday ■evening appellant got a case of whisky, it seems by express, at the town of Newsome and took it home in the witness Davenport’s wagon. Appellant opened one bottle and he gave Davenport a drink at the time. Davenport swore he went to appellant’s house next morning, Sunday, and “borrowed” a quart of whisky from him. This “borrowing” has uniformly, and in a great many cases, been held by this court to be a sale under our law. See 1 Branch’s Ann. P. C., p. 704, where he collates some…