Gaines v. State

DAVIDSON, Presiding Judge.

Appellant was convicted of violating the local option law, and his punishment assessed at a term of two years confinement in the penitentiary.

The State’s witness’ testimony shows that he went into appellant’s room. The room was situated upstairs and was claimed by appellant to be his place of residence. This witness testified that when he went in the room he found appellant and two women, a Mrs. Preston and Mrs. Franks, and bought a pint of whisky from appellant, for which he paid seventy-five cents. He took the whisky and went downstairs, and immediately upon…