Smith v. State

The offense is possession of intoxicating liquor in violation of the local option law, and a fine assessed of $200.00.

Appellant complains in two bills of exception of the following action of the trial court.

In his bill of exceptions No. 1 it seems that the county attorney took the witness stand, and, after having taken a drink from one of the bottles claimed to have been found in appellant's possession, testified that the same was beer and was intoxicating. He was afterwards recalled by the appellant's attorney, and was tendered a further bottle of similar character and asked to take a drink…