Fitzgerald v. State

The plaintiff in error, hereinafter called the defendant, was convicted in the county court of Carter county upon a charge of having possession of 16 gallons of Choctaw beer, with the unlawful Intent to sell, barter, give away, and otherwise furnish the same to others, and sentenced to pay a fine of $200 and cost, and imprisonment in the county jail for a term of 60 days. From the judgment and sentence, the defendant has appealed.

The testimony on behalf of the state is, in substance, as follows::

Carl Holden, a deputy sheriff, stated he was acquainted with the defendant on or about the 23d day…