Harrell v. State

CALHOUN, Judge.

The offense is transporting liquor; punishment, one year in the penitentiary.

The sheriff and deputy testified that they observed appellant in a public street in possession of intoxicating liquor under circumstances which justified his arrest under article 212, C. C. P., authorizing an officer to arrest without a warrant one who commits a felony in the presence of the officer.

The appellant did not testify. His wife testified that appellant’s health had been bad for the last three or four years and that he drank whisky just before breakfast for an appetizer, as it appeared to…