Traylor v. State

ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

— The offense was the possession of intoxicating liquor for the purpose of sale. Jack Leonard and Tom Moore, deputy sheriffs, acting under a search warrant, discovered upon the premises of the appellant five gallons of whisky and five gallons of beer.

For the appellant, his wife testified as follows: Her health was bad. She weighed only sixty-two pounds. She was affected with pellagra and was told by the doctors that she had lung trouble and kidney trouble, and had been advised by them to use whisky for the maladies with which she was suffering.…