Shepherd v. State

DAVIDSON, Judge.

Appellant was convicted of violating the local option law, his punishment being assessed at twenty days imprisonment in the county jail and a fine of $25.

Three questions are presented: first, overruling the application for a continuance, which is deemed unnecessary to he considered in the light of a reversal upon two other questions. The absent testimony can he secured upon another trial; second, the question of agency, which was raised by the testimony, and which was not charged by the court "and the special instructions refused. This was error under all the authorities.…