Kimbrough v. State

MORROW, Presiding Judge. —

The offense is transporting intoxicating liquor; punishment fixed at confinement in the penitentiary for one year.

The State’s witness is specific in testifying that he saw the appellant carry a sack containing two quarts of whiskey for a distance of a quarter of a mile; that upon the officer's attempt to apprehend the appellant, he fled but finally surrendered when he was overtaken by the officer. While under pursuit the appellant dropped the sack containing the two bottles of whiskey and one of them was broken. The officers took possession of the other, and the…